Defective Products Cause Injuries in New York
New York defective product lawyers know that you have an expectation when you purchase or use any consumer product. You have an expectation that the item is safe. We all buy household products, toys for our kids, cars, and appliances. We all use various tools and equipment at our jobs and at home. We rightfully think these items will work properly and not cause us any harm. However, sometimes a product causes serious injuries to unsuspecting consumers. When this happens, the injured party may be able to collect monetary damages from the party responsible for causing the injury.
When a person is injured by a defective product, they may be able to file a lawsuit against the manufacturer. This type of lawsuit is called a product liability or defective product claim.
There are several elements to filing a defective product claim and the best way to make sure you proceed correctly is with the help of experienced New York product liability attorneys at Leeds Brown. Our attorneys approach cases in a hands-on and collaborative manner and this approach has helped us secure successful outcomes for thousands of clients.
Our compassionate, dedicated lawyers have been handling defective product and other New York personal injury cases for decades. We can help you determine the best way to recover the compensation you deserve.
Do You Have a Defective Product Claim?
We see many defective product claims at Leeds Brown, and they often involve everyday items such as cribs, car seats, motor vehicles, toys and household appliances. In order to have a product liability claim, you must be able to prove several things. There are essentially four elements which must be present.
- You are injured or suffered losses – You must be able to prove that you have an actual injury or loss. Being “almost hurt” does not suffice. For example, you are injured if your hair dryer becomes so hot that it scalds your head causing third-degree burns. You are not injured, however, if you realize the dryer is becoming unusually hot and you put it down to avoid injury. Injuries caused by defective products often include burns, cuts, broken bones, head injuries, and sometimes death.
- The product is defective – There are different ways to prove that a product is defective.
- That there was a manufacturing error – a mistake was made at some point during the production of the item. For example, a part was not tightened properly or was cracked.
- That the design makes the product unreasonably dangerous – This can be difficult to prove because nearly every product comes with some danger. The danger must be unreasonable.
- Failure to warn – You may be able to prove that the failure to warn of the dangers make the product unreasonably dangerous. In other words, if dangers aren’t apparent, the failure to warn of them may create liability for the manufacturer. For example, if a dangerous valve on a product is concealed and it causes an injury, the manufacturer may have a responsibility to warn of its danger. If the dangerous valve is in plain sight, the manufacturer may not have a duty to warn of it.
- The defect must have caused your injury – you must be able to prove that the defect caused your injury. This may be easy in the case of a toy or an ordinary tool. It may be harder in the case of an automobile accident where many factors, including a design defect, may contribute to an accident.
- You were using the product as intended – This element is crucial. You must be able to prove that you were using the product in the manner the manufacturer intended or could have reasonably foreseen. For example, if you were using an industrial electric drill to file your toenails and you cut off your toe, you will likely not have a product liability claim. Filing your nails is probably not a reasonably foreseeable use for an industrial strength drill. However, if you use a garden hose advertised as the best hose to water flowers, and it explodes in your eye while using it to water your lawn, you may have a claim even though you were not watering flowers. It is likely reasonably foreseeable that someone would use a hose to water flowers AND grass.
Contact New York Product Liability Lawyers to Help Prove Your Defective Product Case
Proving a product liability case can be tricky as you have to satisfy all of the elements to be successful. You may find that you need the testimony from specialized product manufacturers or design experts. You may be going up against a big manufacturing corporation which may prove somewhat frustrating for an inexperienced consumer. Navigating the complexities of a defective product claim can be even more difficult if you are still recovering from your injuries.
New York product liability lawyers at Leeds Brown have the experience, resources, and skills needed to successfully prove a defective product claim. Whether you are have been injured because of a common household item, have a child who has been injured by a toy, or have been the victim of a car accident, our attorneys can help determine the best way to proceed to recover the monetary damages you deserve. You may be entitled to recover compensation to cover your medical expenses, lost wages, and pain and suffering caused by a defective product.
Prevent future harm by holding manufacturers responsible for dangerous products. Contact New York product liability attorneys at Leeds Brown today. Call 1-800-585-4658 for a free case evaluation. Someone is here to take your call twenty-four hours a day, seven days a week.