Defective Product

A defective product can come in many different forms, everything from motor vehicles, to medicine, toys and even food. An error in manufacturing, labeling or design can cause serious harm to the consumer, leaving them to deal with medical expenses, pain and suffering, and loss of income. If you use a defective product in the manner that was intended and are injured, the manufacturer, wholesaler or retailer can be held liable though a product liability claim. A defective product can take many different forms including tainted medication, a toy that poses a choking hazard, or a mechanical problem with a vehicle. Using a defective product can result in a serious injury such as a head, neck, or brain injury, as well as a back or spinal injury. If you are in need of a New York Injury Lawyer because you have been injured by a defective product it is important to immediately contact an experienced Bronx Defective Product Injury Lawyer who will review the facts of your case and who will ensure that your legal rights are protected. In addition, if during the course of the treatment for your injuries the medical staff commits medical malpractice, the party responsible for your defective product injuries may be required to compensate you for the medical malpractice injury as well.

A defective product claim will typically stem from any of the following problems:

• Failure to warn: The product did not have a warning label or the label was not sufficient to warn consumers of safety hazards, which caused physical injury;
• Manufacturing defect: A defect in a product that occurred during manufacturing and resulted in serious injury;
• Design defect: A design problem with a product caused an injury.

The U.S. Product Safety Commission is responsible for protecting the public from unreasonable from any unreasonable risks of injury or death from a consumer product. According to their statistics, there has been a 30% decline in injuries and death over the past 30 years. Unfortunately, accidents still happen daily. Some well-known product defects have dealt with:

• Child safety seats
• Automobiles
• Tires
• Baby cradles and swings
• Food products
• Space heaters
• Hair dryers
• Printing presses
• Medical devices

Example

In Diallo v. Mill Pen Corp., 2009 NY Slip Op 32308 (N.Y. Sup. Ct., 2009), plaintiff Aissatou Diallo was seriously injured when food was ejected from a pressure cooker she was using. The pressure cooker was manufactured in Portugal and was distributed by Mill Pen Corp. Diallo sued Mill Pen Corp arguing that the product was defective and as a result she was injured.

The types of injuries that can be caused by a defective product vary greatly depending on the type of product. Anything from a burn injury, brain injury, back injury, broken bones, or a head injury may be caused be caused by an accident caused by using a defective product. These injuries can be not only serious, but permanent in some cases. If you have been injured by a defective product, you may no longer be able to work or care for yourself, or enjoy life that way you knew before. You have rights as a victim, and one of those rights is to pursue a claim against the negligent party, including the manufacturer, retailer, or wholesaler of the product.

A serious injury from a defective product affects not only your heath, but also your ability to work and your general quality of life. In addition, it can have a devastating effect on the finances of you and your family. Fortunately, through a product liability lawsuit against the manufacturer or distributor of the defective product that caused your injury you may be able to receive compensation that will pay for your medical expenses. You may also be able to receive compensation for your lost earnings and loss of earning capacity. Furthermore, the physical and emotional pain and suffering that you experience and that your loved ones experience are compensable losses as well.

If you or a loved one was harmed by a defective product, you may be able to recover damages from the manufacturer, the distributor, or even the retailer from where you purchased the product. However, defective product cases are often quite complex, involving a thorough understanding of New York product liability laws. Pinpointing legal fault often requires the review of a great deal of complicated evidence and the testimony of experts. It is important to contact an attorney experienced in product liability cases to ensure that your case will result in the best possible outcome. The staff at Stephen Bilkis and Associates, PLLC is experienced in handling personal injury and wrongful death cases stemming from the use of defective products. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.