New York Product Liability Attorney
Winning a product liability claim involves investigation, expert testimony, and in-depth knowledge of defective product case law. It also requires the resources to go toe-to-toe with product manufacturers and their insurance companies. The Sanders Law Firm is one of the largest, most aggressive, and most successful injury firms in New York. Our New York product liability lawyers advocate on behalf of injured consumer and help them recover compensation for their injuries.
Every year, millions of injuries result from consumer products
Often, stronger warnings could have prevented consumer product injuries from occurring. In other cases, the products are simply defective. From dangerous toys to contaminated food to faulty household products to automotive defects, many of the products we assume to be safe in fact pose hazards to ourselves and our loved ones. The companies that manufacture, distribute, and sell products may face legal consequences when those products cause harm. Product liability lawsuits can result in large verdicts and settlements paid to injured consumers.
Filing an injury lawsuit against a big company poses significant challenges. Because product liability lawsuits can harm their reputation and bottom line, companies pay for commercial liability insurance, and insurers are required to defend their policyholders against lawsuits. Recovering money for a defective product injury is no easy task. It requires proving your claim in court and overcoming a team of defense lawyers.
Types of Product Liability Claims We Handle
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Injured By a Defective Product? Trust The Sanders Law Firm
The dedicated personal injury lawyers of The Sanders Law Firm have decades of experience successfully handling product liability lawsuits. We are experts in consumer protection, negligence, strict product liability, and breach of warranty laws. We follow the product back to its origins to determine:
- Whether the product was dangerous as designed
- Who knew or should have known about all potential hazards associated with the product
- Whether the product was equipped with sufficient warnings
- Whether the product was properly manufactured
The Sanders Law Firm understands the many emotional and financial burdens faced by individuals and families dealing with serious injuries. That’s why we are passionate about winning justice for our clients. We use the full strength of our firm to make sure the law works for everyday New Yorkers. Our product liability attorneys can obtain financial compensation for your pain and suffering, lost wages and earning capacity, and medical bills. The cases we win also send a strong message to companies that they need to put people ahead of profits.
If you or a loved one has been injured as a result of dangerous or defective products, our attorneys offer no obligation consultations to determine if you qualify for a lawsuit. A free legal evaluation will help you decide if filing a personal injury lawsuit is the best way forward. To learn more, please call our New York offices toll-free: 1-833-SANDERS or Contact Us.
New York Product Liability Law
Tens of thousands of new consumer products hit the market each year. Before they’re introduced to the public, products must undergo testing to ensure they are compliant with applicable safety requirements. Products with known hazards must have labels that warn consumers about the potential risks those products present and tell them how to protect themselves and their children from those risks. Despite these requirements, many dangerous products find their way into our homes and cause injuries.
Product liability claims in New York take various forms. In general, a claim alleges that the product was “defective” or “not reasonably safe.”
Types of Product Defects
Claims for personal injuries related to defective products may be founded upon defective design, manufacturing flaws, or a manufacturer’s failure to warn.
- A design defect means that the product was made properly, but has a design that makes it not reasonably safe. The plaintiff must show that a safer, alternative design could have been used, and that the defective design caused their injury.
- A manufacturing defect alleges that the product does not perform as intended. The plaintiff must show that the condition of the finished product when it left the factory or plant is the cause of injury.
- A marketing defect claim, also known as a failure to warn claim, has to do with how well the manufacturer warned about dangers associated with the product. Failure to warn claims cover latent dangers that result from foreseeable uses of the product the manufacturer knew (or should have known) about, as well as dangers arising from unintended but foreseeable product uses. Warnings that are not prominent enough may be considered defective.
Product Liability Legal Theories
Typical causes of action alleged by the plaintiff in a product liability claim include negligence, strict liability, and breach of warranty.
- A product liability lawsuit based on negligence requires the plaintiff to prove that the manufacturer did not exercise “reasonable care” in making the product for its intended or foreseeable uses. Negligence can also apply to whether the manufacturer exercised reasonable care in inspecting or testing the product.
- Strict products liability claims do not require the plaintiff to prove negligence. However, they must still show that the defect was a substantial factor in causing their injury.
- Breach of warranty claims have a high degree of overlap with strict liability claims. They can be based on an express warranty, such as an advertisement or product label, or an implied warranty
Bringing a Product Liability Lawsuit
Whether you use a product at home, at work, or for recreation, product liability law regulates the requirements that apply to each product. When those requirements are not met, and injuries result, a product liability lawsuit may be appropriate.
Product Liability Lawsuit Defendants
The product manufacturer is the most common defendant in a product liability case, but other parties are possible as well. Defendants may include:
- Manufacturers
- Wholesalers
- Distributors
- Sellers
Has the Product Injured Others In a Similar Way?
To make your lawsuit more compelling, a product liability attorney may introduce evidence that the product that injured you also injured one or more other consumers in a similar way. Under New York Law, the burden is usually on the plaintiff to show that these other events and injuries are “substantially similar” to the issues raised in your lawsuit.
Defective Products and Comparative Negligence
In addition, under New York comparative negligence laws, a manufacturer or other defendant can argue that the product user was in part responsible for their injuries. This doesn’t mean the plaintiff cannot recover money if they are found partially responsible, but it may reduce the amount of compensation they recover. In this scenario, the percentage of fault attributed to the plaintiff is subtracted from the damage award. Misusing a defective product is not the same as using a product in a way that was not intended, but was reasonably foreseeable.
Millions Recovered Every Year For Injured Consumers
According to the National Safety Council (NSC), more than 13 million people were treated in emergency departments in 2019 for injuries resulting from consumer products. Injuries and death caused by consumer products costs the U.S. economy roughly $1 trillion per year, reports the United Nations.
The types of products that most commonly cause injuries include:
- Stairs, ramps, landings, and floors
- Beds, mattresses, and pillows
- Chairs and sofas
- Bathroom structures and fixtures
- Clothing
- Lawn and garden equipment
- Nursery equipment
- Toys
- Household appliances
- Cleaners and other home maintenance products
- Sports and exercise equipment
Products that cause injuries are not necessarily defective. Every year, though, products that are defective result in millions of dollars paid to injured consumers. The Insurance Information Institute (III) reports that product liability lawsuits produce a median award of $1.5 million, and an average award was $5.1 million.
At The Sanders Law Firm, Success Is A Tradition
Founded in 1967, The Sanders Law Firm has flourished into one of New York’s most successful personal injury practices, with an accomplished team of attorneys, paralegals, health care consultants, and support staff. Our trial attorneys take new cases on a contingency basis, which means there is no cost to the client unless we secure monetary damages on your behalf.
Our personal injury law firm continues to make its industry-leading legal services even better, and hire attorneys and staff that enable us to serve a more diverse population.
At The Sanders Firm, there is never any charge to evaluate your case. We have helped thousands of injured clients throughout New York City, Long Island, Brooklyn, Bronx, Queens, and Staten Island, and we’re prepared to help you too. In just the last five years we have procured over $100 million dollars on behalf of our clients, thanks to our vast resources and experienced attorneys. Our personal injury law firm continues to make its industry-leading legal services even better, and hire attorneys and staff that enable us to serve a more diverse population.
To set up your free, no-obligation case review with a New York personal injury lawyer, please call (516) 591-3208 or contact us using our online form. Our friendly staff is standing by to take your call 24 hours a day, 7 days a week.
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The Sanders Law Firm is a New York personal injury practice with offices in Long Island, Manhattan, Queens, and Brooklyn.