New York Products Liability Lawyer
Products can be defective for many reasons. Some are dangerously designed, while others suffer from defects in manufacturing. The term product liability refers to the manufacture chain of a product and the liability of parties within that chain. This can include the manufacture of parts, a wholesaler, or retailer. These parties can be held liable for any injury their products cause. In order to have a viable claim, a plaintiff must show that the product was indeed defective, and that the defect was directly responsible for the injury. These injuries can be caused by anything from a poorly a designed vehicle leading to a car accident, to tainted medicine resulting in medical malpractice, to a toy containing lead. The type of injury can vary widely depending on the product involved, from a lead paint injury to a traumatic head injury. If you were harmed by using a faulty product, contact an experienced New York product liability lawyer at Stephen Bilkis & Associates who will review the facts of your case and explain your legal options.Types of Product Liability Claims
Product liability claims arise when a defective or dangerous product causes harm or injury to a consumer. These claims typically involve holding manufacturers, distributors, or sellers accountable for the defective product. There are several types of product liability claims, each based on different legal theories. Understanding these types can help individuals who have suffered harm from a defective product seek the appropriate legal recourse. Here are some common types of product liability claims:
- Defective Manufacturing. Defective manufacturing of a product is a common problem. Examples of this include a faulty tool or piece of machinery that causes a construction accident, a cracked part in a child’s stroller that causes it to collapse, or a car with defective brake pads that is unable to safely stop and causes an automobile accident. If there is a direct relationship between the product’s defect and the cause of the victim’s injury, then a legal claim is present. If you feel you have a product liability claim, contact an experienced New York product liability lawyer.
- Faulty Design. Some products are dangerous because of a faulty design. This is not the same as a defect that happens during the manufacturing process. Often the inherent danger in the product is not realized until the product is put out on the market and is used over and over.
- Failure to Warn. A failure to warn claim usually involves a product that has the potential to be dangerous if not used properly. Consumers rely on clear instructions and warnings about possible hazards, particularly about dangers that are not apparent. Failure to warn claims could include anything from an inadequate warning on a medicine label, to an electrical device that when used improperly can cause burns. A claim would be present where the plaintiff was injured and that injury would not likely have occurred if they had been warned.
A serious injury from a defective product affects not only your heath, but also your ability to work and your general quality of life. In addition, it can have a devastating effect on the finances of you and your family. Fortunately, through a product liability lawsuit against the manufacturer or distributor of the defective product that caused your injury, you may be awarded compensation for your losses.
- Medical Bills: Compensable expenses include fees related to emergency room treatment, hospital fees, fees for surgery, prescriptions, visits to your doctors and medical equipment.
- Loss of Income: You may be able to recover both lost wages and loss of future income potential.
- Pain and Suffering: Compensation for pain and suffering is directly relative to both the physical pain you suffered as well as the emotional impact you experienced as a result of the accident and your injuries.
- Wrongful Death: If the defective product caused a loved one to pass away, then the family may have legal recourse via a wrongful death suit. The claim can include reimbursement for medical bills, pain and suffering, and loss of future income. To learn who would have standing to file a wrongful death claim for the loss of your loved on, contact an experienced products liability lawyer in New York.
Note that in New York, the statute of limitations sets a time limit within which a lawsuit must be filed. The statute of limitations for product liability claims in New York can vary depending on the specific circumstances of the case. It is crucial to understand how the statute of limitations impacts seeking a product liability claim in New York. Here are some key points to consider.
In New York, the statute of limitations for personal injury claims, including product liability claims, is generally three years from the date of the injury. This means that a lawsuit must be filed within three years of discovering the injury caused by the defective product. In some product liability cases, the injury or harm caused by a defective product may not be immediately apparent or discovered until later. In such situations, New York follows the discovery rule, which extends the statute of limitations. Under the discovery rule, the three-year statute of limitations begins from the date when the injury was discovered or when it reasonably should have been discovered through reasonable diligence. If the injured person is a minor (under 18 years old), the statute of limitations is usually extended. The three-year statute of limitations typically begins to run from the minor's 18th birthday, giving them additional time to file a product liability claim.Contact Stephen Bilkis & Associates
If you or a loved one was harmed by a defective product, you may be able to recover damages from the manufacturer, the distributor, or even the retailer from where you purchased the product in a product liability lawsuit. However, defective product cases are often quite complex, involving a thorough understanding of the nuances of product liability law. Determining legal fault often requires the review of a great deal of complicated evidence and the testimony of experts. Contact us an experienced products liability attorney serving New York at Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those injured in accidents in the following locations: Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Manhattan, Nassau County, and Queens.