STEP 1
Compensation for Faulty Product Liability Injuries Queens NY
Product manufacturers, designers, and distributors are legally obligated to ensure that the products they release on the market do not pose an unreasonable risk of injury or illness to consumers. Unfortunately, either due to carelessness or negligence, numerous products are released every year and cause untold trauma to unsuspecting consumers. Defective products can include everything from faulty airbags to dangerous medical devices. If you believe that your injuries were caused by a defective product, you may have a valid product liability claim, and The Injury Group is here to help. Our personal injury team will be your advocate in holding negligent parties accountable for your losses. Contact us today to learn how much your case could be worth.
Types of Product Liability Claims in NY
There are numerous ways in which a consumer may be injured by a product, but to receive compensation from a product liability claim, consumers must show that some form of negligence in the product’s development or marketing contributed to their injuries. Product liability claims may include the following:
Design defect: The design of the product itself was unreasonably dangerous and posed a threat to the user.
Manufacturing defect: The product became defective, faulty, or dangerous during the manufacturing process.
Failure to warn: The manufacturer did not include proper warnings of potential dangers when using the product. In this situation, the manufacturer was aware that the product could cause serious injuries if used incorrectly. If they failed to include warning labels, such as an age restriction or a choke hazard warning on a children’s toy, and a customer was hurt, that customer could pursue a claim against the manufacturer.
Marketing misrepresentation: The retailer or product’s marketing team misrepresented how the product should be used or failed to warn consumers of potential dangers or side effects. This is more common with pharmaceutical claims where the manufacturer was aware that a new medication could cause injuries or illnesses during treatment.
Injuries Caused By Faulty Products
Common injuries in product liability cases include:
- Burns, which can be caused by defective products that overheat or catch fire, such as appliances or electronic devices.
- Cuts and lacerations from defective products with sharp edges or parts.
- Broken bones from falls or other accidents due to a defective product.
- Internal injuries, which can be caused by defective medical devices or drugs, such as organ damage or internal bleeding.
- In some cases, defective products can result in fatalities. Examples include defective vehicles or medical devices.
Do I Quality for Compensation For Product Liability Injury Claim?
To qualify for compensation for a product liability injury claim, several essential elements must be established:
Defective Product: Prove that the product in question was defective. There are three main types of product defects:
- Design Defects: Flaws in the product’s design that make it inherently unsafe.
- Manufacturing Defects: Errors that occur during the production or assembly process, resulting in a product that deviates from its intended design.
- Marketing Defects: Inadequate instructions, labeling, or warnings about the product’s risks.
Injury: Show that you sustained an injury or suffered damages as a result of using the defective product. This can include physical injuries, emotional distress, and financial losses such as medical bills and lost wages.
Causation: Establish a direct link between the defect and your injury. You must demonstrate that the defect was the proximate cause of your injury, meaning that the injury would not have occurred if the product had not been defective.
Proper Use: Demonstrate that you were using the product as intended or in a reasonably foreseeable manner when the injury occurred. Misuse of the product may affect your ability to claim compensation.
Timely Filing: File your claim within the statute of limitations for product liability cases in your state. This time frame varies by state and type of claim, so timely action is crucial.
Documentation: Collect evidence to support your claim, including:
- Medical records detailing your injuries.
- Receipts or proof of purchase of the defective product.
- The defective product itself, if possible.
- Photos or videos of the defect and your injuries.
- Witness statements or other relevant documentation.
Legal Assistance: Consult with a personal injury attorney who specializes in product liability cases. An experienced lawyer can help gather evidence, identify liable parties, navigate the legal process, and advocate for your rights to secure the compensation you deserve.
The Injury Group, known for handling product liability cases in New York, New Jersey, and Long Island, can provide the expertise and support needed to maximize your compensation. Their experienced attorneys can guide you through each step of the process, ensuring your claim is thoroughly prepared and effectively presented.
Our Legal Process
While investigating your case, our attorneys will begin by determining the extent of the injuries or illness caused by the faulty product with medical records, photographs of your injuries, and other signs of damages. We will also work with experts in various fields to determine how the product was defective. To do so, the product will need to be preserved as evidence. Our lawyers will be able to uncover if the product was at fault due to a manufacturing error, design effect, or other hazard. Once we have determined how the product became defective, we will then work to hold the responsible party accountable.
STEP 2
Negotiation and Settlement
Once our team has gathered all of the details about your case, they will begin negotiating with the other parties involved in the incident to try to agree on a settlement. If the product was being used as intended and the defect directly caused the injury, then your attorney will have a strong case to support your claim. If a settlement cannot be reached, we may need to move to trial.
STEP 3
Litigation and Trial
If a settlement cannot be reached through negotiation, your lawyer may file a personal injury lawsuit on your behalf and proceed to trial. During the trial, your lawyer will demonstrate that the product was faulty, defective, or dangerous to use, that you suffered an injury while using the product, that the injury resulted in damages, and that the product did not contain any warnings that could have prevented your injuries. The Injury Group applies our many years of experience to your claim to help you win the compensation you need and the justice you deserve resulting from the harm caused by a defective product.
Our product liability team can answer any questions you may have about your case and inform you how much your claim could be worth.
Frequently Asked Questions About Bicycle Accident Injury Cases In New York
If a defective product is the reason for your injuries, your claim will be based on your medical bills (current and future), lost wages, disability, property damage, and more. Each claim is unique and The Injury Group’s personal injury attorneys can help you understand the details of your case.
You may be awarded compensation to the injured party to cover the cost of medical bills, lost wages, pain and suffering, or property damage from the defective product.
While you technically can file a product liability claim on your own, the fight to receive compensation may be even more challenging. Product liability cases involve significant investigation in a product’s design, manufacturing, and distribution processes in order to determine the responsible party. By not working with an experienced personal injury lawyer, your case may result in a lower settlement or even a denied claim.
The statute of limitations for a product liability claim is two years. Following this two-year period, you may be unable to recover any compensation.
Manufacturers, distributors, and retailers could potentially be held liable for defective products. Determining this liability requires a thorough investigation into the product’s design, manufacturing, and distribution processes.