NEW YORK PRODUCT LIABILITY LAWYERS

New York Product Liability Lawyers: We Can Help You With Your Product Liability Claim

 

If you or a loved one has suffered an injury or accident that is related to a product, you may be entitled to compensation. It's important to know your rights and understand the process before taking legal action.
 

Below you'll learn more about what product liability claims are, how to file a claim, how to prove a product was defective, and how the New York product liability attorneys at Curan & Ahlers can help with your product liability claim.
 

What is a product liability claim?
 

According to US law, product manufacturers, designers, and distributors have a legal responsibility to ensure products released to the public don't pose an unreasonable risk of injury or illness. 
 

Unfortunately, this isn't always the case. Whether it's down to carelessness or negligence, there are numerous products released every year that harm consumers. 
 

Product liability claims can be grouped into three main categories: design defects, manufacturing defects, and marketing malfunctions: 

 

• Design defects are problems with the way a product is made or planned.

• A manufacturing defect refers to mistakes that happen during production of an item, such as using faulty materials or improperly constructing something in factories where it's manufactured.

• A marketing malfunction is caused by inaccurate or incomplete information provided to consumers about a product.
   

How to file a product liability claim in New York
 

If you've suffered an injury or illness that was caused by a product, you might have grounds to file a claim. These claims are heard in civil court and the maximum time limit, or statute of limitations for product liability claims, is three years from when your injury occurred.
 

If you've been injured by a defective product, the first step is to speak with an experienced product liability lawyer. They can help you assess your case and determine whether filing a claim is the best course of action for you.
 

How to prove a product was defective
 

To file a product liability claim in New York, you'll need to provide evidence that the product was defective and caused your injury. This might include documentation of the injury itself, medical bills, pictures of the product, eyewitness testimony, or expert witness statements.
 

In order to file a product liability claim in New York, you must be able to prove that the product was defective and that this defect caused your injury. There are four main ways this can be done:
 

• Foreseeability - If it would have been obvious when designing or manufacturing the product that there was going to be an issue with its use and/or someone could get injured, then it can be classified as a defect.

• Intent - If the product was made in such a way that it purposely caused harm to those who used it, this is also grounds for a defect.

• Damage Pattern - When there is an obvious pattern of injuries or accidents related to a product, this can be used as evidence of a defect.

• Negligence - This is when the manufacturer or designer failed to take into account existing safety standards for products like this one, which has resulted in harm caused by it.
   

This can be difficult to do, as the defendant will likely argue that it was not their fault and that you were somehow responsible for the accident. In order for you to win your claim, it's important that the defect is proved.
That's where our team of experienced defective product attorneys comes in. We have the knowledge and resources to build a strong case against the defendant, even if they try to shift blame onto you. We'll work tirelessly to make sure you receive the compensation you deserve for your injury.
 

Product liability lawyer New York: Contact Curan & Ahlers today!
 

If you or a loved one has been injured by a defective product, don't hesitate to contact the New York product liability lawyers at Curan & Ahlers today.
 

We'll review your case, answer any questions you may have, and offer a free consultation to help you better understand what legal options are available for you. Our experienced team of New York defective product lawyers can't wait to hear from you! Call us today at  (914) 428-3313.

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Product Liability FAQs

 

What is product liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for any injuries or damages caused by their products. When a product is defective or poses a danger to consumers, those responsible for bringing it to market can be held accountable.

 

Who can be held liable in a product liability case?

In a product liability case, multiple parties can potentially be held liable, including the manufacturer, distributor, retailer, and even the wholesaler. The key factor is determining who was in the chain of distribution and whose actions or negligence contributed to the defect or danger.

 

What types of products can be subject to product liability claims?

Nearly any type of product can be subject to a product liability claim. This includes but is not limited to consumer goods, pharmaceuticals, medical devices, automobiles, toys, and even food products. If a product is defective and causes harm, it may be the basis for a product liability case.

 

What are the key elements of a product liability claim?

For a successful product liability claim, three main elements must be proven:

• Defect: The product had a defect that made it dangerous or unfit for its intended use.

• Injury or Damage: The defect in the product caused injury or damage to the plaintiff.

• Causation: There must be a clear connection between the defect and the injury or damage suffered.

If you believe you have a case, it's crucial to gather evidence and consult with our experienced product liability lawyers in New York.

 

What is the difference between a defective product and a dangerous product?

A defective product is one that has a flaw or issue that makes it unsafe or unusable as intended. On the other hand, a dangerous product may not have any inherent defects but poses a risk when used incorrectly or under certain circumstances.

 

What are the different types of product defects?

Product defects generally fall into three categories:

• Design Defects: These occur when a flaw is present in the product's design, making it inherently dangerous even if manufactured perfectly.

• Manufacturing Defects: These happen during the production or assembly of the product and result in individual units being flawed or unsafe.

• Marketing Defects: These involve inadequate warnings, instructions, or labeling, which can lead to misuse and harm.

 

What is negligence in a product liability case?

Negligence in a product liability case typically refers to the failure of the manufacturer or other responsible parties to exercise reasonable care in designing, manufacturing, or marketing a product. This negligence can lead to defects and, ultimately, harm to consumers.

 

What is strict liability in a product liability case?

Strict liability means that manufacturers and other responsible parties can be held liable for injuries caused by their products without the need to prove negligence. In other words, if the product was defective and caused harm, they can be held responsible, even if they weren't necessarily negligent.

 

How can I prove that a product was defective?

Proving a product was defective often requires expert analysis and investigation. Our experienced product liability lawyers in New York have access to resources and experts who can help gather evidence, such as product testing, documentation, and expert witness testimony.

 

What is the statute of limitations for filing a product liability lawsuit?

The statute of limitations for product liability cases in New York can vary depending on the circumstances, so it's essential to consult with our product liability attorneys in New York promptly. Failing to file within the specified time frame can bar you from pursuing a claim.

 

Can I sue for damages even if I wasn't injured, but the product was defective?

Yes, you can potentially sue for damages even if you were not injured personally but can demonstrate that you suffered property damage or financial losses due to the defective product. Our team can help assess your case and guide you through the process.

 

How do I determine the value of my product liability case?

The value of a product liability case depends on various factors, including the extent of injuries or damages, medical expenses, lost wages, and the impact on your quality of life. Our product liability lawyers in New York will work with you to evaluate your case and seek appropriate compensation.

 

Can a business be held liable for selling a defective product to a consumer?

Yes, businesses can be held liable if they were part of the distribution chain and sold a defective or dangerous product. Retailers, in particular, can be subject to product liability claims.

 

What should I do if I'm injured by a defective product?

If you're injured by a defective product, your safety and health are the top priorities. Seek medical attention immediately. Afterward, preserve the product, any packaging, and documentation related to your injury. Contact us, your trusted New York product liability attorneys, to discuss your case.

 

Do I need a lawyer for a product liability case?

While you are not legally required to have a lawyer, having an experienced product liability attorney on your side can significantly improve your chances of a successful outcome. We can help navigate the complex legal process, gather evidence, and negotiate on your behalf.

 

Can a product liability case be settled out of court?

Yes, many product liability cases are resolved through settlements rather than going to trial. We will work diligently to negotiate a fair settlement on your behalf. However, if necessary, we are fully prepared to represent you in court.

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What types of damages can I recover in a product liability lawsuit?

In a product liability lawsuit, you may be eligible to recover various types of damages, including medical expenses, lost wages, pain and suffering, property damage, and, in some cases, punitive damages. Our product liability lawyers will assess your case to determine the potential damages you may be entitled to.

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Are there any defenses that manufacturers or sellers commonly use in product liability cases?

Manufacturers and sellers may attempt various defenses, including product misuse, lack of evidence of a defect, and the statute of limitations. It's crucial to have skilled product liability attorneys in New York who can counter these defenses and build a strong case on your behalf.

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How long does it typically take to resolve a product liability case?

The duration of a product liability case varies depending on several factors, such as the complexity of the case, negotiations, and court proceedings. While some cases are resolved relatively quickly through settlements, others may take months or even years if they go to trial. We are committed to diligently pursuing your case while keeping you informed every step of the way.

 

At Curan & Ahlers, our New York product liability lawyers have a proven track record of successfully representing clients in product liability cases. If you have further questions or need assistance with a product liability matter, don't hesitate to reach out to us for a free consultation. We are here to protect your rights and seek the compensation you deserve. Contact our experienced product liability attorneys in New York City today. Your path to justice begins here.