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New York Defective Product Attorneys - Personal Injury Lawyers

Product liability lawyers play an important role in the justice system. If a defective or unsafe product causes harm, the appropriate party must be held responsible, whether they be the manufacturer, wholesaler, or retailer. This area of law covers items like food, drugs, and many consumer goods.

An injured person may seek damages in these cases if the following apply:

  • They were injured regardless of whether they were the one to initially purchase the item.
  • The product had not been substantially altered in a way that impacted safety features before the injury occurred.
  • The injured person had been using the product for its intended purpose.
  • The product was unsafe or defective.
  • The injury resulted directly from the defect.

There are instances when an injured person may not successfully file a claim. For example, if they modified the product in such a way that safety features were affected, the defendant could argue their own acts caused the injury. A defendant could make a similar argument if the person had been misusing the product at the time the injury occurred. That’s why if you or a loved one has been harmed by an unsafe or defective product in New York, it’s important to discuss your case with a New York product liability attorney. They’ll help determine if filing a claim is justified.

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Negligence and Warranty Breaches

A person may have a claim in New York if their attorney can prove the defendant was negligent or is guilty of breaching a product’s warranty. Proving negligence involves meeting one of two requirements. The product liability attorney in New York must prove the defendant improperly or negligently tested the product before selling it, or that the defendant failed to provide adequate instructions for the product’s safe use.

Manufacturer warranties should imply that an item is fit for its intended use and free of any defects when it’s sold. An attorney may be able to prove the manufacturer breached the warranty if the item was defective or was not fit for its intended purpose.

It’s important to know that plaintiffs show a product was defective when the defendant relinquished control over it. The defendant often can’t be held responsible for defects that developed outside of their control.

Strict Liability

Product liability cases in New York often involve making a claim of strict liability. This claim requires the injured person to prove an item was unreasonably dangerous. This is where having a product liability attorney in New York on your side can be critical. There are three ways in which a product can be deemed unreasonably dangerous for its intended use:

  1. Failure to Warn

A product’s manufacturer or seller may have failed to warn customers about potential dangers associated with the product. Additionally, they can provide insufficient instructions for safely using the item. This can result in an otherwise innocuous product causing harm.

For example, automobile coolant is toxic. It can poison someone if the manufacturer did not provide a clear, adequate warning.

  2. Design Defect

Improper design can render a product dangerous even if it had been properly manufactured. An example would be an automobile gasoline tank that was designed with walls that rupture on impact. If the walls aren’t sufficiently durable, this can result in a fire.

  3. Manufacturing Defect

Products that were designed safely can still cause harm due to manufacturing errors. Perhaps a vehicle’s wheel was installed without the proper safety bolts. That wheel may fall off the vehicle when a driver is traveling at a relatively high rate of speed, causing injury.

Keep as much evidence as possible if you’ve been injured due to an unsafe product in New York. It’s important to keep the original product, sales receipt, repair records, and any other documentation your New York product liability attorney deems necessary. They’ll help you gather the appropriate evidence for your case.

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Serious injury cases are not just business for us – they’re personal. When we take on a new client, we adopt them as part of our family, and we fight for them in every way possible.

That has been our motivating force in capturing hundreds of millions of dollars for clients we have represented during the past 40-plus years. It is also the reason we aspire to be the best personal injury firm in the country.

Consulting a Product Liability Lawyer

If you believe you have a product liability case, get in touch with a product liability attorney in New York by calling The Rothenberg Law Firm LLP at 1-888-624-8888 or submitting an InjuryLawyer.com online free case evaluation. Your initial consultation with a New York product liability lawyer will be free of charge. If we take on your case, we only charge legal fees if we’re successful in getting compensation for you first.

The Statute of Limitations establishes a timeline for filing a lawsuit in these cases. If you don’t file in time, you may forfeit your right to damages. Act now and contact a New York product liability lawyer to get the compensation you deserve.

Over ABillion Dollarsin verdicts & settlements for our clients

$5,461,000
Woman sustained serious injuries in collision with truck. Jury verdict.
$1,800,000
Plaintiff rear-ended another vehicle.

What Our Clients Say

"The Rothenberg Law Firm adhered to the highest possible ethical standards at all times and represented my case with courtesy and professionalism. Equally important, they were responsive and addressed all issues. They resolved the matter in a manner that exceeded my expectations and I would recommend them to anyone."

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Don F.
New York

“The Rothenberg Law Firm explained all aspect of the case and laws in NY and NJ so I was able to understand exactly what was needed and what can happen. I had complete confidence in them. Their lawyers are very smart, quick, and sympathetic to my loss.”

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Anonymous
New Jersey