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Brooklyn Product Liability Attorney
No one should ever become hurt from a product they used. Unfortunately, it happens all too often. If you have been injured by a defective product, you may be entitled to compensation. An experienced Brooklyn product liability attorney from Silberstein, Awad & Miklos can examine the facts of your case, advise you of the law, and help you recover the full settlement you deserve.
What is Product Liability?
Product liability is an area of personal injury law that holds businesses and manufacturers responsible for the products they create and sell. Manufacturers have a legal duty to ensure any product they put onto the market is safe and free of hidden dangers and defects. Manufacturers must also ensure their products are safe, work as they are intended, and warn consumers of any inherent dangers. Any time a manufacturer fails to meet their legal duties, they can be held financially responsible for any injuries caused by the product.
Negligence vs. Strict Liability
You can hold a manufacturer responsible for a defective product in one of two ways. You can hold them strictly liable or hold them liable for their negligence.
- Strict Liability. When holding a company strictly liable for a defective product, you only have to prove that you were hurt while using a product as intended. You do not have to prove the company was negligent or careless in any way.
- Negligence. To hold a company liable for negligent actions, you must prove they werenegligent when manufacturing, designing, or selling the product. To prove negligence, you must prove the company owed you a duty of care, that they breached that duty, and that you were harmed as a result.
Types of Defects in Product Liability Claims
There are three main types of defects in Brooklyn product liability claims, including:
When a product has a defective design, there is a problem with the way the product was actually designed, or conceptualized. Even if the greatest care was taken while building or assembling the product, a design defect will still make the product faulty. For example, a toy meant for an infant has a defective design if it includes choking hazards.
A defect in the manufacturing of a certain product occurs while the product is being assembled or created. Manufacturing defects can affect just one product, or an entire line of products. Using the example of the child’s toy, a manufacturing defect could occur if workers used the wrong type of bolt in a toy and it resulted in injury.
Sometimes products are inherently dangerous. When that is the case, manufacturers have a duty to warn consumers about that danger. When they fail to do so, they can be held liable for injuries. A manufacturer of children’s toys may create toys for children of all ages. Toys intended for older children should come with a warning stating the age group the toy was intended for so younger children do not become hurt.
A Brooklyn product liability lawyer can help injured individuals determine the type of defect a product has and hold the manufacturer liable for it.
Types of Product Liability Cases
Many people cannot imagine becoming injured due to simply using a product. However, many different types of defective products can cause injury. The most common of these include:
- Vehicles, particularly ignitions, brakes, and airbags
- Power tools such as saws and drills
- Construction equipment and machinery
- Pharmaceutical drugs and prescription medication
- Medical devices, such as hernia mesh and IVC filters
- JUUL vape pens
- Talc powder
While these are some of the most common types of products involved in product liability claims, any time you are hurt by any product, it is important to speak to a Brooklyn product liability attorney.
Common Injuries in Product Liability Claims
Defective products can hurt people in a number of ways. Some of the most common injuries caused by faulty products include:
- Traumatic brain injuries
- Head injuries
- Neck injuries
- Broken bones
- Eye injury
- Lost limbs
- Spinal cord damage
- Soft tissue injuries
Sadly, the injuries caused by defective products are sometimes so severe that a person does not survive the accident. When this is the case, it is a wrongful death. Manufacturers can be held liable in these situations as well.
Compensation Available in Product Liability Claims
Product liability claims are intended to compensate you for any loss or harm you suffered due to a defective product. Some of the most common types of damages included in Brooklyn product liability claims include:
- Past and future medical expenses
- Lost income, bonuses, and benefits
- Property damage
- Loss of enjoyment of life
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
After reviewing your case, one of our knowledgeable Brooklyn product liability lawyers can advise you on the full damages you deserve and help you to hold the liable party accountable for paying them.
Statute of Limitations
Like all personal injury cases in New York, product liability claims are governed by a statute of limitations. The statute of limitations is the amount of time you have to file your claim. In New York, this is typically three years from the date of your accident. It is important to file your claim within this time. If the statute of limitations expires and you have not yet filed, you will likely forfeit all rights to compensation.
Three years to file a claim is not a long time. Before filing, a lawyer must conduct a full investigation and collect evidence to determine liability and prove your claim. All of this takes time, so it is imperative to speak to a lawyer as soon as possible after your accident.
Get Legal Help Today
If you have been injured by a faulty or defective product, our Brooklyn product liability attorneys are here to help. At Silberstein, Awad & Miklos, P.C., we will review your case free of charge and work to ensure that you receive the maximum damages you deserve. Contact us today to schedule a free consultation with one of our attorneys.