Consumers expect the products to be reasonably safe and effective when purchasing them. Unfortunately, thousands of consumers are injured or killed each year because of dangerous and defective products. If a defective product has injured you or your loved one, you may be entitled to compensation through an insurance claim or product liability lawsuit.
The Long Island personal injury attorneys at Dell & Dean, PLLC, handle various injury and wrongful death claims involving dangerous and defective products. We will promptly and thoroughly investigate your claim and help you understand your legal options. Contact Dell & Dean, PLLC today to schedule a free case evaluation.
What Is Product Liability?
Product liability lawsuits are is a type of personal injury lawsuit where the injured individual, called the plaintiff, can pursue economic and non-economic damages against the party or parties whose negligence caused his or her injuries. Succeeding with a product liability lawsuit can be difficult, and working with an experienced attorney can level the playing field.
The attorneys at Dell & Dean, PLLC have the knowledge, legal resources, and drive to pursue justice for negligent product manufacturers, retailers, and others who caused consumer injuries. Our attorneys represent clients in all of the following types of defective product cases:
- Medical and prosthetic devices (i.e. joint replacements)
- E-cigs or vapes
- Cleaning products
- Child car seats
- Children’s clothing and toys
- Household appliances
- Motor vehicles and motor vehicle parts
- Prescription medication
- Safety equipment
- Defective furniture
- Mold and mildew
Who Is Liable for Product Liability Lawsuits on Long Island, New York?
Through a product liability lawsuit, the plaintiff can hold the individual or company responsible for defective products. Multiple parties could be liable, including the product manufacturer, distributor, retailer, and supplier. Many manufacturers have legal teams to defend the manufacturer aggressively. Due to complex product liability cases, working with an attorney who understands product liability laws is beneficial.
There are several different types of legal claims that fall under the category of product liability lawsuits. In design defect cases, the product’s design specifications are dangerous. A product may have been safely manufactured without defects, but the design itself could be dangerous enough to cause an injury.
Many defective design claims involve dangerous children’s toys. Children are more likely to swallow objects or use a toy in a way that wasn’t intended. Toy designers have a legal obligation to use reasonable care when designing children’s products in a way that reduces the risk of injury. Another common example involves pharmaceutical medication designed to prevent a specific health condition that significantly increases the risk of another dangerous condition.
Manufacturing defects occur because of a manufacturer’s negligence. In these cases, a product has been designed safe, but an error occurs during the manufacturing process that makes the product unsafe. Sometimes, an entire product line will be manufactured dangerously. In other cases, only one model in a product line suffers defects. Victims need to prove that something went wrong during the manufacturing process to cause the product to become unreasonably dangerous for consumers.
Marketing Defects and Failure to Warn Consumers of Dangers
Manufacturers are legally obligated to inform consumers of warnings and safety risks associated with their products. When manufacturers fail to warn consumers of known dangers, they can be held liable for any injuries that result from their lack of warning. These types of product liability cases are often called marketing defect cases. Another example of a marketing defect would involve a manufacturer making false claims about the product or providing consumers with instructions that encourage them to you.
In toxic tort cases, consumers may be exposed to volatile and dangerous chemical substances at their office, their environment, and their home, or from consumer goods. When products contain asbestos, dioxin, pesticides, mercury, or other harmful substances, victims who develop cancer or other dangerous medical conditions from exposure to those substances can pursue compensation.
Injuries Caused By Dangerous and Defective Products
When a product doesn’t work as advertised or has a defective defect, it can cause mild injuries. In severe cases, consumers may experience more significant injuries than bruises or cuts. For example, when children’s toys are designed in a defective manner, children are at risk of swallowing parts of the toys and suffering from suffocation. Other defective products can cause instant death, such as defective car parts that result in fatal car accidents. Other accidents can cause permanent disabilities that require ongoing, intensive medical care. Victims of product liability cases can pursue the following types of damages:
- Current and future medical expenses
- Loss of income
- Loss of earning capacity
- Property damage
- Pain and suffering
- Permanent disability
- Loss of consortium
- Wrongful death
Proving Strict Liability For Product Liability on Long Island
Plaintiffs may use the legal theory of strict liability to obtain compensation. When the court applies strict liability, manufacturers can be held liable for the plaintiff’s injuries regardless of their actions to prevent that type of injury from occurring. In New York, courts will generally allow strict liability claims against product manufacturers. As a plaintiff, you must prove that the dangerous defective product was manufactured and sold in a harmful and unreasonably dangerous condition.
You also need to show that the manufacturer did the product with the knowledge that it was defective and that you suffered severe injuries. When the plaintiff cannot prove that strict liability applies, they can recover compensation by proving negligence. Under the concept of negligence, the defendant is liable for their negligent actions in the plaintiff’s injuries.
Schedule a Free, No-Obligation Consultation With a Long Island Product Liability Lawyer Today
Product designers, manufacturers, distributors, and retailers have a legal obligation to ensure they provide the public with reasonably safe products. If a defective product has seriously injured you or a loved one, you’ll benefit from speaking to an attorney as soon as possible. Contact Dell & Dean, PLLC today to schedule your free case evaluation.
Dell & Dean, PLLC handles product liability claims throughout Nassau County and Suffolk County on Long Island as well as the boroughs of New York City, and the surrounding areas.