Long Island Product Liability Attorney

Are Manufacturers Always Liable?

You may become injured by a product, but that does not necessarily mean you can hold the manufacturer liable. However, any time a manufacturer releases a defective product into the marketplace, you can hold them accountable for paying damages. Whether you were using the product in the manner intended or not will have a dramatic impact on your claim.

For example, you may purchase an electric lawnmower to cut your grass. The manufacturer may include many instructions about how to use it safely. If your friend wanted to ‘ride’ on it by standing on top of it and became hurt, you likely do not have a product liability claim, because you did not use the product as it was intended. On the other hand, if you used it properly and a defective blade came out from the protective hood and you sustained injuries, then you could hold the manufacturer liable.

Manufacturers also have a responsibility to warn consumers of the inherent dangers associated with their products. If you are injured by a product while using it properly, but you were not warned, you could hold the manufacturer liable. Continuing on with the example above, if the manufacturer did not include warnings about the lawnmower, such as not using it on wet grass, and you became electrocuted as a result, you could hold the manufacturer liable.

What Do You Have to Prove in a Product Liability Case?

There are a few bases upon which to file a product liability claim: strict liability, negligence, and breach of warranty:

• Strict Liability. Under a strict liability claim, if you were injured by a defective product, you only have to show that you were injured and that the product was flawed.
• Negligence. Under a negligence claim, you must show that the manufacturer was careless in some way.
• Breach of Warranty. In these types of claims, a consumer accuses the manufacturer of not fulfilling either an explicit or implicit contract with the consumer.

Product liability cases are highly fact-specific. This means the facts of your claim will largely depend on what you have to prove. When working with our Long Island product liability attorneys, we may try to establish the following:

• There was a likelihood that the product would pose a danger to an average consumer
• There were alternative solutions the manufacturer could have used to make the product safer
• The average consumer would not have recognized the risk of using the product

Again, the arguments used in your case will depend on the facts surrounding the accident that caused your injuries. Our experienced attorneys will identify the most important facts and use them to help you secure the damages you deserve.

What Types of Products are Commonly Defective?

A defective product may not seem like it can cause serious injuries, but that is not always the case. Some of the most common defective products have the potential to cause very serious injuries, including:

• Medication
• Car seats
• Household appliances
• Construction equipment
• Children’s toys
• Parts of a vehicle
• Heavy equipment and machinery
• Vehicle components
• Tools
• Safety equipment
• Batteries
• Tools
• Electronics

Any time you or someone you love is injured by one of the defective products above, or any other, it is important to speak with a product liability attorney.

Common Injuries in Product Liability Cases

Even common items people use every day can cause catastrophic injuries when they are defective. Some of the most common injuries in product liability cases include:

• Whiplash injuries
• Traumatic brain injuries
• Concussions
• Spinal cord injuries
• Broken bones
• Joint injuries
• Soft tissue injuries
• Chest injuries
• Organ damage
• Burns
• Paralysis
• Amputation injuries
• Wrongful death

No one should have to suffer just because they used a product that they believed was safe. Any of the above injuries can result in expensive medical bills, and you may be unable to return to work for a significant period of time. While our Long Island product liability attorneys will focus on helping you obtain the maximum compensation for your injuries, you need to focus on recovering from your injuries.

Statute of Limitations in Product Liability Cases

Even if you have suffered a catastrophic injury, the time you have to file your claim is limited. In Long Island, as throughout the rest of New York, you have only three years to file your claim. This is known as the statute of limitations. The clock on the statute of limitations starts ticking on the day you were injured. If you file your claim after the statute of limitations expires, the insurance company or court will likely throw out your claim and would not be able to claim any damages for your injuries.

Damages Available in Product Liability Cases

If you are injured by a defective product, you have the right to file a claim for all of your past and future expenses. While the damages available to you are also dependent on the facts of your case, some of the most common damages include:

• Medical bills
• Lost wages
• Physical therapy and rehabilitation
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship and support in wrongful death claims
• Property damage

After our product liability attorneys review your claim, we will advise on the maximum damages you are entitled to.

Get Legal Help Today

If you or a loved one has been injured by a defective product, the experienced Long Island product liability attorneys at Silberstein, Awad & Miklos, P.C. can advise on your claim. Contact us today to schedule a free case review.