Skilled New York Attorneys Understand the Complexities of Products Liability Cases
Real help when you have been injured by a defective product
When a person is injured by a product that is unreasonably dangerous or unsafe, he or she may have a products liability claim against the companies that designed, manufactured, sold, distributed, leased, marketed or furnished the product. In other words, any company involved in the process of putting the product in the injured person’s hand may be liable for the injury and may be required to pay for lost wages, medical bills and other damages.
Injuries that stem from defective products require thorough investigation to determine the parties potentially at fault. The Licatesi Law Group represents clients in product liability cases in Queens, Brooklyn, Long Island, Nassau County and New York State. We know how to develop solid cases based on all relevant grounds of liability.
Product defects that can cause injuries
Regardless of the type of product or its intended use, three potential types of defects can result in liability for manufacturers and suppliers:
- Design defects — A flaw in the design of the product usually affects every unit produced.
- Manufacturing defects — A mistake made in production or construction may affect all or limited lots of a product.
- Marketing misrepresentations — Inadequate or misleading labels, instructions or warnings can make an otherwise safe product injurious to certain users.
Damages recoverable in product liability lawsuits include medical treatment costs, lost wages, rehabilitation costs and pain and suffering. In fatal product accidents, the deceased’s estate representative can bring an action for wrongful death.
Who is liable for defective product injuries?
Everyone in the chain of distribution of a defective product is responsible for the injuries it causes. Depending on the facts, product-related claims can be of any or all of these varieties:
- Strict liability — For this type of claim, the plaintiff need only show that an injury occurred in the course of using the product as it was intended or as reasonably foreseeable. It is no defense that a designer, manufacturer or other party exercised reasonable care.
- Negligence — Any carelessness that contributes to a product causing injuries may be the basis of liability. This can include product testing, packaging, labeling, shipping and marketing.
- Breach of warranty — This claim alleges that the defendant violated its express promise that the product will perform in a certain way or its implied promises that the product is fit for its intended use and free of defects.
Note that even in cases where a defendant is strictly liable, the plaintiff’s comparative negligence — such as misusing the product — is a defense. That means what the plaintiff did or failed to do is relevant to whether there is a prima facie case. The damages recovery may also be reduced by the extent to which the plaintiff’s own fault caused the injury.
Our personal injury attorneys investigate the evidence and all parties involved to determine whether you have a valid legal claim for compensation. We will be able to help you determine if you have a products liability case and work to get you the compensation you deserve.
Contact a Brooklyn lawyer skilled in product liability lawsuits
The Licatesi Law Group has been successfully trying cases for over 40 years. We serve clients in Brooklyn and throughout New York City. If you or a loved one has suffered a product-related injury, call us at 516-227-2662 or contact us online.