NEW YORK CITY PRODUCT LIABILITY LAWYERS

Products liability cases involve death and injuries that happen as a direct result of the inappropriate use of a particular product. Products liability lawsuits in the United States typically fall into two broad categories: environmental and product liability. Generally, products liability lawsuits pertain to death and injuries resulting from negligence on the behalf of the manufacturer. In the past, courts awarded damages in situations where the defendant could not be proven at fault.

Environmental claims pertain to a defective manufacturing process or product, or a design defect that causes harm or injury to a consumer. A manufacturing defect is when a manufacturer, after making a product, mistakenly ships it to the customer without changing anything in it. If there are changes made to the product at the time the product is shipped, but they do not alter the dangerous nature of what was originally shipped, the defendant is held responsible for making sure that the product is safe for consumption before it is shipped.

People who file a product liability lawsuit can seek monetary compensation to cover medical bills, pain and suffering, funeral expenses, and more. Often, these cases end with a financial settlement. However, in some cases, the plaintiff may not be able to collect any compensation.

There are a few factors that determine whether or not the plaintiff will be able to successfully sue the manufacturer to compensate for his or her medical bills, pain and suffering, and so forth. If you are seeking monetary compensation from the manufacturer or supplier of an implicated product, you should consult a qualified attorney to guide you through the litigation process.

Some states have been notorious for not holding manufacturers responsible for their defective products. A number of states have a “deficiency judgment” provision. This means that if a product is found to be defective, the state will require the manufacturer to compensate for the consumers’ losses. The deficiency judgment provision is most often used in products that are defective due to design defects. In many cases, however, the state will require the manufacturer to compensate for both the consumers’ injury and the deficiency, regardless of whether the product liability lawsuit ultimately ends up being won in the consumers’ favor.

Some consumers who have been injured as a result of defective products have been unable to sue because the injured person waited longer than three years to file a Product Liability lawsuit. The three years rule started to come into play in New York law in 2020. According to the law, a manufacturer has three years after the date of sale to show evidence of quality problems if it hopes to prevent a lawsuit. While this three years’ rule makes it very difficult for a consumer who buys a product and is injured as a result to get compensation, it is still a very important part of New York law and manufacturers need to know about it.

Another reason why some consumers are having a much harder time getting a Product Liability lawsuit is that some attorneys do not actually understand what the Product Liability lawsuit requires. Only very experienced attorneys should attempt to represent a case that involves something that has happened to a consumer.

For example, if a man breaks his arm playing with a pool toy, he does not necessarily need an attorney who specializes in Product Liability lawsuits. If he was simply injured while using the same toy that caused the break in, a good attorney would be able to file the appropriate paperwork with the state’s Consumer Complaints Board.

It should be noted that most attorneys will charge a percentage of any settlement winnings and the only exception to this is when a lawyer goes on a “contingency” fee basis. “Contingency fees” means that the lawyer gets no upfront fee from the winning party, but only obtains a percentage of any money the winning party receives.

This means that if you win your Product Liability lawsuit against the manufacturer, the manufacturers will end up paying you, not the lawyers. However, if you lose, the lawyers will receive their full fee, even if they don’t win. If you are looking to find a New York law firm that does not have any pending cases, look for those that specifically advertise that they do not take ‘contingency’ cases.

If you have been injured due to the negligence of a manufacturer, you may be able to receive compensation from them. However, you should find experienced Product Liability lawyers to represent you in your product liability lawsuit. If you hire the wrong lawyer, you could spend a lot of money and time fighting a battle that you may not win. With a good lawyer, you may just be able to get back the time you spent in the hospital or lost earnings following the injury.

product liability lawyers nyc

Choosing the right Product Liability lawyers in New York City

Product liability laws seek to ensure that those who have been injured as a result of the use of a defective or unsafe product are fairly compensated for their losses. Product liability also seeks to prevent manufacturers from failing to warn consumers about unsafe or dangerous products before they become available. In the world of modern technology, there are literally thousands of products that can cause injury.

Injuries can range from simple cuts and bruises to death. For this reason, the law is quite specific when it comes to defining what is not acceptable in the marketplace. A qualified product liability attorney will know just what to look for and be able to help you navigate the many traps that you may fall into.

Product liability lawyers come in all shapes and sizes. They work in every industry in every state in America. It is important that you find the right product liability lawyers, or at least a team of them, to handle your case. Your lawyer needs to be experienced in Product Law, as well as understanding the requisite legal documents that are needed in your situation.

When searching for defective products attorneys in New York City, you need to ask questions regarding the experience of these professionals. Find out how many cases this lawyer has handled in the past. Get references about how successful the firm is at settling cases and find out what kind of payment they offer in cases that are successful. Ideally, you should choose a firm that offers payment plans and full payment in cases that are settled without court action.

Ask for a free consultation to evaluate the quality and experience of your potential lawyer. Do not be afraid to ask tough questions, such as how long the firm has been in business and how many cases it has handled in the past that are similar to yours. You might also want to learn about the success rate of each attorney who you are considering. If the firm’s success rate is below average, you might want to move on to another one.

Most importantly, find out about the track record of your New York product liability lawyers. Find out how many cases they have settled successfully in the past and what the outcome was. If the firm cannot produce clear, documented proof of negligence, you may have a difficult time with pursuing a case. Proving a claim of defective products or unsafe products requires hard evidence. This evidence comes from investigations, tests, and results that prove the safety or Unsatisfactory performance of a product.

Product liability lawyers in New York City handle cases that deal with defective products or injuries caused by those products. These cases are all about safety and consumers’ right to go ahead with their product choice. The law protects you from paying damages to someone else because you were unsafe when using their product. While there are companies out there that are notorious for making dangerous products, there are also many that don’t. As long as the product was safe under the manufacturer’s supervision, you have a good shot at winning your Product Liability Lawsuit.

There are many different types of defective products that can be litigated in a Product Liability Lawsuit. There are medical devices, toys, car parts, appliances, food, pharmaceutical drugs, and other types of consumer goods. Most attorneys who work in this area of the law work on a contingency basis, which means they only get paid if they win the lawsuit and you receive compensation. Contingency-fee attorneys make their money this way. So, in order for you to receive any compensation from an attorney, you must successfully prove that you were injured or harmed due to the negligence of a manufacturer.

Once you’ve proven that you suffered an injury or suffered harm as the result of the manufacturer’s negligence, you’ll be able to get monetary compensation from the manufacturer. Product liability lawyers will bring your claim to court, along with seeking compensatory and punitive damages. If the company is negligent in one way or another, they’ll be responsible for paying you for your injury and suffering. If you’re not able to prove that you sustained an injury or suffered any harm as the result of the manufacturer’s negligence, you may not be eligible for monetary damages.

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SAMPLE VERDICTS AND SETTLEMENTS

  • $5,500,000 settlement during trial for parochial school students who were exposed to teacher with Tuberculosis
  • $4,000,000 settlement for construction worker who sustained bilateral ankle fractures requiring open reduction and internal fixation
  • $3,825,000 settlement for wife and children of September 11 World Trade Center victim whose remains were never recovered (pro bono representation)
  • $3,800,000 settlement in medical malpractice action for brain-damaged baby with cerebral palsy and seizures resulting from oxygen deprivation to and water on the brain at birth
  • $3,500,000 settlement for three sisters who were sexually abused by another foster child in the foster home after being placed in foster care by the city of New York
  • $2,400,000 settlement after trial and appeal for union electrician who sustained partial amputations to fingers on both hands when 800 pound spool of cable broke free while being lowered down stairs with make-shift rope pulley — expanded the coverage of Section 240(1) of the Labor Law to include “force of gravity on objects” in addition to falling worker/falling object cases
  • $2,225,000 settlement for pedestrian struck by motor vehicle resulting in 26-day coma, skull fracture, traumatic brain injury, numerous fractures and impaired cognitive and perceptive functions
  • $1,800,000 settlement for construction worker who fell from scaffold and fractured forearm and wrist requiring 3 surgeries and internal fixations
  • $1,700,000 settlement for construction worker who fell off ladder and required spinal surgery with internal fixation that failed
  • $1,450,000 settlement for construction worker who fell through unprotected skylight on roof sustaining arm and leg fractures
  • $1,240,000 settlement for 18- year old as the result of medical malpractice in failing to diagnose cancer
  • $1,000,000 settlement for construction worker who fell down debris-filled staircase at construction site with no handrail resulting in neck surgery, back and hip injuries
  • $1,000,000 settlement for passenger in motor vehicle that was rear-ended resulting in spinal surgery with fusion and internal fixation
  • $950,000 settlement for passenger on interstate bus involved in a collision resulting in traumatic brain injury
  • $875,000 settlement for children of mother who died as a result of failure to diagnose and treat Crohn’s Disease 
  • $745,000 settlement for motorcyclist struck by NYPD vehicle resulting in hip and ankle fractures, both of which required open reduction and internal fixation 
  • $700,000 settlement for pedestrian who slipped and fell on sidewalk that was not properly shoveled/treated after ice and snow storm resulting in severely comminuted and displaced right arm fracture requiring open reduction and internal fixation and additional surgeries 
  • $500,000 settlement for tenant of apartment building who tripped and fell while descending stairs that had just been mopped resulting in fractured left shoulder and multiple surgeries
  • $500,000 settlement for home healthcare worker who tripped and fell due to mis-leveled elevator resulting in closed head injury, impaired cognitive functions, neck, shoulder and back injuries 
  • $390,000 settlement for passenger in Police Department van that ran red light and struck another vehicle resulting in injuries to neck, back and shoulder 
  • $350,000 settlement for motorist who sustained injuries to neck, back and shoulder when tree fell on his vehicle 
  • $275,000 settlement for pedestrian who tripped and fell on raised sidewalk flag resulting in tri-malleolar fracture of ankle requiring open reduction and internal fixation 
  • $260,000 settlement for pedestrian who was thrown to the ground by unrestrained dog and sustained fracture to hip which required surgical pinning and fracture to spine 
  • $250,000 settlement for commuter who tripped and fell on defective step on staircase in Penn Station resulting in multiple shoulder tears requiring surgical intervention and fractured rib 
  • $240,000 settlement for pedestrian crossing street who was struck in crosswalk by turning bus resulting in crush injuries and fractures to her hand 
  • $225,000 settlement for bystander who was assaulted by police officers and detained without being arrested who sustained injuries to his face, hand and legs