Every year, dangerous and defective products injure and kill countless people. These very products are often the ones meant to make our lives easier, safer, and more convenient. When they do just the opposite, you have the right to take legal action.
Since 1985, Salenger, Sack, Kimmel & Bavaro, LLP has stood up for the rights of injured individuals and families throughout New York. Our product liability lawyers fight to hold liable manufacturers, distributors, and other entities responsible when the products they create and sell lead to devastating injuries, deaths, and widespread harm.
If you or someone you love was harmed by a defective product, call our New York product liability attorneys today for a free, no-obligation consultation: (800) 572-7246.
What Makes a Product “Defective?”
In the simplest terms, a product is considered defective if it poses an unreasonable risk of injury or fails to work properly, leading to injury or death.
There are three main types of product defects:
- Design Defects: A design defect refers to an issue with the actual design of the product, making it unreasonably unsafe for normal use. Design defects affect entire product lines, rather than individual units.
- Manufacturing Defects: A manufacturing defect occurs when a flaw is introduced during the creation or production phase. These types of defects only affect certain units, rather than entire product lines.
- Marketing Defects: Marketing defects, also known as labeling defects, refer to the improper marketing of a product (including for off-label or untested use), as well as missing warnings, safety instructions, and other labels.
Not all dangerous products are defective. For example, a power tool could potentially cause injury if it is used incorrectly. However, it is only defective if it contains some flaw that makes it unreasonably dangerous for the user. If it was missing a safety guard or warning label, the power tool may be considered defective.
Examples of Defective Products
Some of the most common examples of defective products include:
- Automobiles and auto parts, such as top-heavy SUVs, defective tires, improperly installed seatbelts or airbags, and faulty braking systems, accelerators, and engine components
- Medications and medical devices, including prescription and over-the-counter drugs, hip and knee replacements, surgical instruments, and vaginal and hernia mesh
- Personal care items, including baby powder and other talcum powder products contaminated by trace amounts of asbestos
- Children’s products, such as defective car seats, cribs, strollers, highchairs, bottles, clothing, blankets, and toys containing choking hazards
- Household appliances, including gas- and electric-powered stoves, ovens, water heaters, clothing dryers, washing machines, and heating and air conditioning units
- Chemicals, cleaners, dyes, solvents, and other similar substances, including commercial and professional-grade herbicides and pesticides
- Electronics, including personal electronic equipment like laptop computers and cellphones, as well as chargers, batteries, and e-cigarettes
If you were injured or if your loved one was killed by any type of defective product, Salenger, Sack, Kimmel & Bavaro, LLP can help. Our New York defective product lawyers know how to hold manufacturers and companies accountable when they prioritize profits over public safety, and we have a proven track record of success, having secured more than $1 billion in compensation for our clients.
The Importance of Evidence in a Product Liability Case
In a product liability case, evidence plays a critical role in determining the outcome of the case. The purpose of this evidence is to establish the grounds on which a product is deemed unsafe or defective.
Evidence can include product testing reports, engineering studies, and expert witness statements. The presentation of strong evidence can help you prove your case and hold the responsible party accountable for any harm caused by their product. For this reason, it is essential to obtain and gather as much evidence as possible.
Steps to Take After Being Injured by a Defective Product
If you have suffered injury due to a defective product, it is important to act quickly to best preserve evidence.
- First, you should stop using the product as soon as possible, as further use will decrease the strength of the evidence.
- Additionally, you should take photos of the product and any resulting injuries.
- It is also important to keep the product in a safe place, ideally untouched, until it is given to an attorney or other legal professional.
- Witnesses who observed the incident or who have seen the product in use should be identified and their information collected.
Overall, preserving evidence is crucial in order to prove that a defective product is responsible for your injury. Seeking out legal guidance and expertise during this process can be especially helpful.
Damages Available to Victims of Defective Product Injuries
In today's society, it's important to hold manufacturers accountable for their defective products. When a product is defective, serious injuries can occur, and the impact can be life-changing.
Victims of defective product injuries may be entitled to various types of damages, including compensation for medical bills, lost wages, and pain and suffering. In order to successfully recover damages, it's crucial to work with an experienced product liability lawyer in New York who can navigate the complex legal system and hold companies responsible for their negligence.
By seeking damages, victims can not only receive the financial support they need, but also send a message to manufacturers that their products must meet rigorous safety standards to prevent unnecessary harm.
How a Defective Product Lawyer Can Help
Product liability claims are some of the most challenging personal injury cases. These claims often involve intricate, complex injuries and powerful defendants with extensive resources at their disposal. You need an equally powerful team by your side, one that can protect your rights and fight for the full, fair compensation you are owed.
When you trust Salenger, Sack, Kimmel & Bavaro, LLP with your recovery, you get a team of knowledgeable, trial-tested attorneys, all of whom are ready to advocate tirelessly for you. We have built our firm on a foundation of trust, integrity, and communication; we take great pride in serving as a source of information, advice, and guidance for our clients.
Our attorneys are honest, hardworking people who represent honest, hardworking New Yorkers—and we have what it takes to pursue maximum compensation on your behalf. If necessary, we are fully prepared to represent you at trial.
Get Started with a Free Consultation
We invite you to reach out to our team today to learn more about how we can help you get back on your feet after a serious accident or injury caused by a defective product. Whether you have a personal injury lawsuit, grounds for a mass tort action, or wish to participate in a class action, we are here to ensure your rights are protected every step of the way.
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