Defective Product Attorneys In Brooklyn
As consumers, we use countless numbers of different products. We assume that the products we use are safe and reliable when used as directed. Unfortunately, thousands of people are injured or die each year due to poorly designed or defective products. These products include automobiles, insulation, tools, pharmaceuticals, medical devices and household products. New York and federal product liability laws hold manufacturers and distributors of dangerous products responsible for injuries and deaths resulting from their use.
Holding Manufacturers Responsible For Injury And Death
At Lozner & Mastropietro in Brooklyn, our attorneys have successfully recovered compensation for our clients in complex and challenging cases involving product liability. A lawyer from our office will be happy to answer your questions or evaluate your personal injury or wrongful death claim related to the use of a dangerous or defective product. Please contact our office to make arrangements for a complimentary consultation for answers to your questions about dangerous products.
Product Liability Statistics
- The U.S. Consumer Product Safety Commission (CPSC) reports more than 22,000 deaths and 29 million injuries related to consumer products each year.
- Dangerous and defective products cause over $500 billion in deaths, injuries and property damage annually.
- The U.S. Consumer Product Safety Commission advises that there are 200 to 300 product recalls each year.
Manufacturers have a duty to design and manufacture products that are safe for their consumers to use. They are also required to warn consumers of any potential problems related to their product. When a manufacturer creates an unsafe product, or when the manufacturer or distributor fails to warn consumers that a product might be dangerous, the manufacturer is liable for the resulting injury or death.
A product is considered defective if it is unreasonably dangerous to the ordinary user. Strict liability holds a manufacturer or seller of a defective product responsible for the resulting injuries or wrongful death, regardless of fault or intention. There are three primary categories that make a product defective:
- Design defects: A product has a design defect if the design of the product is unsafe. For example, if a tire is designed in such a way that it explodes every time the heat index hits 100 degrees, it has a design defect.
- Manufacturing defects: A product has a manufacturing defect if the product’s design is sound but the method of making the product is unsafe. For example, if a chair is designed well but is missing a leg that is called for in the design, it has a manufacturing defect.
- Warning defects: If a product does not have sufficient instructions or warnings about its use, and you are injured as a result, the product has a warning defect. For example, if you buy a child’s car seat and it does not come with the proper instructions and warnings, and after you install the seat incorrectly, the child gets hurt, the seat has a warning defect.
Ready To Protect Your Rights In A Product Defects Injury Lawsuit
At Lozner & Mastropietro, in Brooklyn, New York, our lawyers are dedicated to helping victims and families of victims injured by defective products recover compensation and to seeing that dangerous products are removed from the market. If you or a loved one has been injured or killed as a result of a defective product or you simply need more information, please contact us at 917-920-9431 or use our online contact form to schedule a meeting.
Frequently Asked Questions about Product Liability
What is product liability?
Product liability means the liability or responsibility of manufacturers, distributors and sellers for injuries or death caused by the use of a defective product. The products can range from the most complicated machinery such as motor vehicles or airplanes, to common household items such as home appliances, childrens toys and baby highchairs.
How do I know if a product was defective in the design or manufacturing?
This a tough question to answer. It takes special skill and experience to answer. Sometimes common sense is the best indicator of whether a product is defective.
If I no longer have the equipment or device, do I still have a case?
Yes. Although preserving the product in the same condition it was in after the injury is very important, not having the product does not necessarily prevent you from making a claim.
Who is legally responsible for a defective product?
If a product does not work properly or causes injury or death to the user, then the manufacturer, distributors and sellers may be responsible for your injury.
What can I recover if I win a product liability case?
If you have a defective product, you may be able to recover the cost to replace the product. If the defective product also caused personal injuries, you may seek compensation for your:
- Medical bills
- Missed work
- Pain and suffering
- Loss of consortium lost time and companionship with your spouse.
- Punitive damages extra money to punish the defendant if they acted exceptionally irresponsibly.
Do I need a lawyer to handle my product liability case?
Yes. Product liability cases can be complicated. The law for product liability is very confusing, and you need an attorney to help explain your rights and protect your interests. Also, an attorney is in a better position to understand whom to actually sue in each particular situation after gathering all the facts and analyzing the law.