Product liability claims are often based on strict liability, negligence, breach of warranty, or a combination of these legal theories. In many cases, the central issue is whether the product was defective when it left the control of the manufacturer or seller. Defects generally fall into three categories: design defects, manufacturing defects, and marketing defects involving inadequate instructions or warnings about known dangers.
These cases can involve motor vehicles, industrial equipment, machinery, tools, household products, children’s products, medical devices, medications, and toxic substances. Because manufacturers often have extensive legal and technical resources to defend their products, successful product liability claims require a careful investigation, strong documentation, and expert review. Our attorneys examine product design materials, testing records, recall history, safety records, incident reports, inspection logs, consumer complaints, warning labels, maintenance records where relevant, medical records, and witness statements to determine how the defect caused injury and who the liable parties are.
We pursue full compensation for medical expenses, lost wages, future earning capacity, pain and suffering, disability, rehabilitation costs, and wrongful death damages when a defective product causes fatal injuries. We handle product liability cases on a contingency fee basis, so you pay no legal fee unless we recover compensation for you.
What makes a product legally defective?
A product may be legally defective because of a design defect, a manufacturing defect, or a failure to provide adequate warnings or instructions. The key issue is whether the defect made the product unreasonably dangerous and caused injury.
Who can be liable in a product liability case?
Liable parties may include the manufacturer, distributor, supplier, retailer, assembler, or another entity involved in the chain of distribution. In some cases, multiple parties may share responsibility for the defective product.
What evidence is important in a product liability claim?
Important evidence may include the product itself, packaging, warning labels, purchase records, incident reports, recall notices, inspection logs, safety records, consumer complaints, medical records, witness statements, and expert review of the product defect.
Do I need to prove negligence in a product liability lawsuit?
Not always. Many product liability cases are based on strict liability, which means the focus is on whether the product was defective and caused injury, although negligence and breach of warranty claims may also apply.
What compensation can I recover in a product liability case?
You may be able to recover compensation for medical expenses, lost wages, future earning capacity, pain and suffering, rehabilitation costs, disability, and other losses caused by the defective product.
Are there deadlines to file a product liability claim in New York?
Yes. Product liability claims are subject to legal deadlines, and those deadlines can be affected by the type of injury, when the defect was discovered, and who the defendants are. It is important to speak with an attorney as soon as possible.
How much does it cost to hire your firm for a product liability case?
We handle product liability cases on a contingency fee basis, which means you do not pay legal fees unless we recover compensation for you.