Whether the product is a car, prescription medication, prescription drug, frozen food or toy, dangerous products or defective products have caused serious injury or death to millions of people. Under product liability law, consumers who suffer a serious injury caused by a defective product can hold the manufacturer, distributor, retailer or supplier liable for the injury. Depending on the product, there are many types of injuries suffered by consumers because of dangerous products. For example, a victim injured in a car accident caused by a design defect could suffer a brain injury, burns, internal injuries, broken bone, or a spinal cord injury. Sadly, there are many cases where the victim died after using a dangerous product. In the same way that a victim of a car accident may seek damages from the person who caused the accident by filling a New York personal injury claim, New York law allows victims of defective products to seek damages as well. Because of the complexity of such cases it is important to consult with an experienced Bronx Product Liability Injury Lawyer before making decisions about your legal options. 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 that as well.Types of Product Liability Claims
Defective manufacturing of a product is a common problem. Examples of this include a faulty tool or piece of machinery that causes a construction accident, a cracked part in a child’s stroller that causes it to collapse, or a car with defective brake pads that is unable to safely stop and causes an auto accident. If there is a direct relationship between the product’s defect and the cause of the plaintiff’s injury, then the victim may have a viable defective product claim.
Some products are dangerous because of a faulty design. This is not the same as a defect that happens during the manufacturing process. In some cases the inherent danger in the product is not realized until the product is put out on the market, and the design defect becomes apparent after the product is used over and over. In other cases, the manufacturer was aware of the design defect but either underestimated its danger our chose to ignore the potential harm that the product could cause consumers.
A failure to warn claim usually involves a product that has the potential to be dangerous if not used properly. Failure to warn claims could include anything from an inadequate warning on a medicine label, to an electrical device that when used improperly can cause burns. A claim would be present where the plaintiff was injured, and that injury would not have occurred if they had been warned.Pursuing a Claim
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 for your losses.
- Medical Bills: Compensable expenses include fees related to emergency room treatment, hospital fees, fees for surgery, prescriptions, visits to your doctors and medical equipment.
- Loss of Income: You may be able to recover both lost wages and loss of future income potential.
- Pain and Suffering: Whether you will be entitled to receive pain and suffering damages and the amount of such damages depends on the seriousness of your injuries. Injuries that leave permanent damage your pain and suffering award is likely to be greater than if you completely recover from your injuries.
- Wrongful Death: If the defective product caused a loved one to pass away, then the family may have legal recourse via a wrongful death suit. The claim can include reimbursement for medical bills, pain and suffering, and loss of future income.
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 in a product liability lawsuit. However, defective product cases are often quite complex, involving a thorough understanding of the nuances of product liability law. Determining 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 product liability cases as well as personal injury and wrongful death cases stemming from auto accidents, medical malpractice, slip and fall accidents and construction accidents. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case.