Bronx Attorneys Fighting For Your Financial Security In Defective Product Injury Cases
With the advancement of cutting-edge technology, new products are continuously being invented, manufactured and sold every day. While this level of rapid production might seem excellent for the American economy, there are times when the overly fast pace of disseminating different objects for consumers to buy takes a terrible toll. When companies do not properly check the safety of their products or neglect to include thorough instructions and warnings about how to use their products, innocent customers can instantly become unfortunate victims.
If you have suffered any kind of injury or illness as a result of using a commercial or personal product, it is important to get in touch with an experienced legal team for the support you need.
At MJP Injury Law, we can help. Our experienced product liability attorneys know the law and are here to fight to get you the compensation you need after suffering harm due to a manufacturer’s negligence.
When Is A Product “Dangerously Defective”?
There are many cases in industrial settings where workers or the manufacturers of a product are assembling a product too quickly, and they do not check whether a product is defective. If a product is simply sloppily put together, this does not necessitate a lawsuit. However, if the product’s defect causes any kind of illness or injury, then you can claim that the product was either defective in its design or the process of assembly.
Manufacturers and design engineers have the responsibility of carefully checking that an item, along with its process of construction, are safe for the consumer. If, for some reason, there is no ability to eliminate or guard against all forms of harm potentially caused by the product, the manufacturer must include clear warnings that the product can result in injury or death if not handled properly, according to provided instructions. A product that does not include these safety features is hazardous even if it is correctly assembled.
Common Causes Of Product Liability Injuries In New York
There are many reasons why a product could cause injuries – improperly processed foods can cause illness or death for many people. Improperly manufactured products can cause serious injuries. Defective safety equipment may fail to protect during an accident.
Below are common causes of injuries through defective products:
- The product malfunctions in an unexpected way
- The product is not safe when it is used for its intended purpose
- Instructions on how to use the product are not clear or fail to explain how to use the product safely
- Lack of warnings or safety guidance
Technically, any kind of product can pose a dangerous situation if it has defective parts, was improperly assembled, or did not include clear warning labels. However, certain products tend to result in injuries more often than others.
What Are The Different Types Of Product Liability?
Product liability cases typically fall into three basic categories: defects in design, defects in manufacture and insufficient instructions or warnings in regard to usage of the product. Of those three, the most common are often defects of design, such as:
- Automobile parts
- Batteries (particularly lithium batteries used in mobile devices such as phones, computers, cameras or e-cigarettes)
- Electric or battery-operated power tools
- Machine parts
- Airplane parts
- Cranes or other construction equipment
- Children’s toys
- Cleaning products
Insufficient warnings and manufacturing defects also happen on a regular basis. But they are more complex cases which we pursue with a detailed approach to all the complicating factors.
Manufacturers Have A Duty To You
Manufacturers owe their consumers a high-level duty of care. This means that any product they put out to the public must have no hidden dangerous or defects – the product must be safe for all consumers to use. Manufacturers are liable in two ways:
- Strict liability – Consumers must prove that they were injured while using the product in the manner that it was intended
- Negligence – Consumers must prove that the design was careless and that the negligence is what caused the injury
If they do not meet this duty of care, then they may be liable for damages or injuries as a result of using their product. In addition, if a product is potentially dangerous, the duty of care means that manufacturers must warn their customers about the dangers and how to avoid them.
New York Product Liability Statute of Limitations
Under the New York statute of limitations, you must begin your product liability case within three years of your injury. In some situations, the delay of the statute of limitations “clock” may happen based on when the injury was first discovered. For example, prolonged exposure to dangerous substances over time can cause harm later in the individual’s life. The “clock” would start when the injury was discovered, even though the exposure to the dangerous substance had been happening for a longer period of time.
If you were injured by a defective product, reach out to a product liability lawyer near you as soon as possible to ensure that your case is within the statute of limitations. Consider the fact that it takes time to gather evidence or do further investigation. We are ready to help you recover damages.
Powerful Guidance In Complex Situations
When you or a loved one have been a victim of a product liability injury, it can be difficult even knowing where to start with filing a claim. Unlike other personal injury cases, such as an automobile accident or medical malpractice case, you might have no idea who caused your suffering. Moreover, many of these cases do not involve a single individual, but an entire corporation or manufacturing company.
You don’t have to be anxious about the idea of confronting a massive business. No matter how large the opposing side is, they have the responsibility of compensating for the injury and pain you have suffered. We will fight to make sure they do.
Call our office today at 718-557-9693 or use this form to set up a free consultation.