NYC PRODUCT LIABILITY ATTORNEYS WITH 60 YEARS OF EXPERIENCE
At Spar & Bernstein, we’ve been successfully resolving personal injury cases for over 50 years. Our experienced personal injury attorneys will seek the best possible outcome in your product liability case to help you put your life back together, when you need it the most.
Contact NYC Product Liability Lawyer
WHY HIRE SPAR & BERNSTEIN FOR PRODUCT LIABILITY CASES?
Dangerous and defective products cause thousands of injuries every year. If you are injured by a faulty product, our tenacious and experienced litigators will ensure the seller or manufacturer is held liable for your suffering.
At Spar & Bernstein, you’re much more than just a case number. Our attorneys will fight on your behalf to reach the settlement you deserve.
PRODUCT LIABILITY CLAIMS RECOGNIZED BY NEW YORK STATE LAW
The most common product liability claims recognized by New York State law include manufacturing, design and marketing defects.
NEW YORK PRODUCT LIABILITY LAWS
The statute of limitations states that a product liability claim must be filed within three (3) years of the date of the incident.
Strict Liability (NY PJI 2:120)
The strict liability theory states that if a manufacturer, distributor, retailer or other party sells a defective product, they are responsible if a person is injured by that product.
Negligence (PJI 2:125)
The negligence theory states that if a plaintiff claims they were injured as a result of negligence, they must prove that the manufacturer failed to exercise care when manufacturing the product.
Breach Of Warranty
The breach of warranty theory states that an injured person can file a claim if there was breach of implied or explicit warranty.
Breach Of Contract
The breach of contract theory states that not upholding a contract can lead to physical or emotional harm.
Implied Warranty Of Merchantability (New York Consolidated Laws, Uniform Commercial Code – UCC § 2-A-212)
The implied warranty of merchantability states that the product purchased from a merchant will perform properly when used for the intended purposes.
WHO IS LIABLE FOR DEFECTIVE PRODUCTS IN NEW YORK?
Anyone involved in the product’s distribution chain may be held liable, including:
- QC engineers
- Health professionals
TYPES OF COMPENSATION FOR PRODUCT LIABILITY IN NEW YORK
Product defects can result in serious injuries that may require surgery, expensive medical treatment or post-accident rehabilitation. If you are hurt by a faulty or dangerous product, you can seek compensation for your medical bills.
If your injury causes you to miss work, you can seek compensation for lost wages. If you own the business where you work and your injury results in lost income, your claim can include compensation for lost profits.
If you are unable to return to work, you can seek compensation for earning potential.
Pain And Suffering
If you suffer from physical pain and emotional distress due to your injury you can seek compensation for pain and suffering.
Loss Of Enjoyment
If you are unable to participate in activities you enjoyed before your injury, you can seek compensation for loss of enjoyment.
Loss Of Consortium
If your injury affects your spousal relationship, you can seek compensation for loss of consortium.
NYC PRODUCT LIABILITY FAQS
What Are The Most Common Product Liability Claims?
- Negligence: The manufacturer was negligent in regards to product design, the manufacturing process or failure to warn of potential danger.
- Strict liability: The product is dangerous in itself, and there is no need to prove that the manufacturer was at fault.
- Breach of warranty: The product failed to perform the way the manufacturer warranted.
At Spar & Bernstein, we offer a free consultation to review the details of your case and recommend the best course of action.
What Are Examples Of Dangerous Product Cases?
- Household appliances
- Defective medical devices
- Children’s toys
- Car seats
- Safety equipment, like seatbelts and airbags
- Vehicle components
- Construction equipment
What Do I Need To File a Product Liability Claim?
- You were injured
- The product that caused your injury was defective, lacked instructions or did include a warning
- Your injuries resulted from the stated defect, lack of instructions or lack of warning
- At the time of the injury, you were using the product as intended
When Should I File A Product Liability Claim?
What Are The Most Common Types Of Product Defects?
- Manufacturing defects
- Design defects
- Marketing defects (Failure to warn)
What Is A Manufacturing Defect?
- Toys assembled with the wrong screws
- Tires with weak seals
- Drugs contaminated due to poor packaging
What Is A Design Defect?
What Is A Marketing Defect/Failure To Warn?
Examples include missing choke hazard warnings on toys for certain age groups or a missing warning label stating that the use of a drug may cause kidney failure.
What Damages Can You Pursue In Product Liability Cases?
- Medical bills
- Pain and suffering
- Future medical treatment
- Physical therapy and rehabilitation
- Lost wages
- Future lost earnings
- Property damage
- Emotional distress
- Loss of enjoyment
- Loss of support if your loved one lost their life in the incident
What Are The Most Common Product Liability Injuries?
- Thermal or chemical burns
- Neck, back and spine injuries
- Traumatic brain damage
- Eye injuries
- Accidental poisoning
- Electric shock or electrocution
- Traumatic amputation
- Organ failure
- Serious illness
- Wrongful death of a loved one
Can I File A Product Liability Claim If I Received Worker’s Compensation?
Can I File A Product Liability Claim If A Drug I Was Taking Is Recalled?
Can I File A Product Liability Claim If I Was Injured When My Airbag Malfunctioned??
Can I File A Product Liability Claim If I Threw Away The Product?
To define your options, contact a legal firm that specializes in product liability cases.
How Can A Product Liability Lawyer Help Me?
- Identify the parties that are responsible for your injury
- Define the type of negligence/liability
- Consult external specialists
- Calculate losses
- File a claim
- File a lawsuit
- Communicate with insurance companies
- Draft and file claims or lawsuits
- Represent you
- Negotiate settlements
Can A Class Action Claim Be Filed For Product Liability?
- Unsafe products such as drugs, medical devices, appliances, automobiles, supplements and more
- Product recalls
Can I Hire Legal Representation If I Cannot Afford A Lawyer?
After a settlement is reached, we collect a small percentage of the net amount you received as compensation.
What Types of Personal Injury Lawyers Spar & Bernstein Has?
- Nursing Home Negligence Lawyer
- Wrongful Death Lawyer
- Product Liability Lawyer
- Premises Accidents Lawyer
- Construction Accident Lawyer
- Motor Vehicle Accident Lawyer
- Bus Accident Lawyer
- Truck Accident Lawyer
- T-Bone Collision Lawyer
- Nursing Home Negligence Lawyer
- Train Accident Lawyer
- Hit and Run Lawyer
- Birth Injury Lawyer
- Burn Injury Lawyer
- Drunk Driver Accident Lawyer
- Bicycle Accident Lawyer
- Pedestrian Accident Lawyer