New York City Product Liability Lawyer
Do you have grounds to sue the manufacturer?
Every year, hundreds of Americans are injured by poorly designed or manufactured products. From children's toys to dangerous prescription drugs, one mistake in the corporate warehouse can mean serious injury for an unsuspecting consumer. Manufacturing companies are expected to design, manufacture, and market their products with a reasonable amount of care. Failure to do so can result in damage to those who use their products and a product liability claim against the company responsible. At the Law Office of Richard M. Kenny, we have extensive knowledge on the legal theories behind product liability and what means a personal injury attorney has in taking action on behalf of an injured client.
If you or a loved one has suffered injury as the result of dangerous defects in a consumer product, you may be entitled to file a claim against the manufacturer for monetary damages. Manufacturers can be held legally liable for such accidents if they failed to take reasonable precautions to safeguard their customers against harm. Any type of inherent flaw in the design, production, labeling, marketing, or distribution of the product may serve as grounds for a product liability claim, provided that it can be proven to have caused the injury. To learn whether you have a case and determine how much you may be able to receive in a settlement or jury verdict, contact an NYC personal injury attorney from our firm today.
Types of Liability Claims
A defect can occur in a product at any of the three stages of production: designing, manufacturing and marketing the product must all be carried out correctly in order to ensure safe and usable merchandise. When considering a liability claim, it is helpful to ponder why the product used was defective and to what capacity it was defective.
- Design Defects occur at the very inception of the product when it is still a concept. Design defects are some of the most dangerous and more rampant because the defect is not isolated to a single product but rather the entire batch manufactured according to that design map. An inherently dangerous or useless product can be manufactured and marketed perfectly but because of the design defect, will always carry risk of injury.
- Manufacturing Defects appear in one or a few of the products made according to the specific design map. These types of defects are usually attributed to shoddy workmanship or the use of cheap materials. These defects and the injuries associated with them could be otherwise avoided if the product was made with more care. Because these defects are not associated with the actual design map of the product, the manufacturer has no way of warning its users of the possibility of danger.
- Marketing Defects are also referred to as the "failure to warn." This does not necessarily concern a mistake in the making of the product which rendered it dangerous but rather the knowledge of inherent danger and the failure to warn consumers of that danger. This would concern instructions or manuals for use of the product, warning labels and recommendations for using the product safely. If the manufacturing company warned its consumers against using their product under specific conditions because of possible risk of injury, this is an adequate warning and injuries sustained concerning that specific condition would not be the fault of the manufacturer because the injured party disregarded the warning label. However, if the warning label failed to warn of that danger and the user was injured because they didn't know, then the manufacturer can be held liable.
Hiring a New York City Defective Product Lawyer
Suing manufacturers can be a considerable challenge, especially in a large market like NYC, but you can improve your chances of success by hiring a New York City injury attorney from The Law Office of Richard M. Kenny. Our team of attorneys can work closely with you to understand your hardships, how you have been affected by the injury, and what you need in order to move forward.
Personal attention is the foundation of our strategy and we can help you understand every step of the litigation or negotiation process. With more than five decades of combined legal experience and a track record that includes $100 million recovered for our clients, our team of lawyers know how to get results in the most challenging cases and we are ready to take immediate action.
Common Examples of Product Liability
You can potentially file a claim for any type of defective product, but certain examples have become increasingly common problems, resulting in more lawsuits. Many people have successfully sued tire manufacturers over tread separation and blowouts, which can suddenly throw the vehicle out of control and cause a collision or rollover. Other widely publicized claims have centered on prescription drugs, particularly anti-depressants with dangerous side effects.
Lawsuits over hazardous children's toys and household appliances that have caused burn injuries also have increased. Furthermore, claims based on defective or
dangerous drugs pose serious threats to patients using them and can increase the risk of disease and cancer. Depending on the circumstances, your case may best be handled as an individual claim or as part of a class action lawsuit. Let us review the situation and advise you of your legal options.