Justice And Compensation For Those Injured By Defective Products
When corporations knowingly profit from products that are defective or dangerous, they needlessly put innocent people at risk. At Steve Foley Law Firm, we hold them accountable while rigorously pursuing the financial compensation survivors and their families need to make a full recovery.
New York Product Liability Laws
If you or a loved one has been injured by a defective product, you may be entitled to compensation under New York product liability laws. These laws are designed to protect consumers from harm caused by dangerous products and hold manufacturers, distributors, and retailers accountable for their actions.
In New York, product liability claims can be based on three types of defects: design defects, manufacturing defects, and warning defects.
To prove a product liability claim in New York, you must show that the product was defective, that the defect caused your injuries, and that you were using the product as it was intended to be used. It is worth noting that New York has a statute of limitations for product liability claims, which means that if you intend to pursue a claim, it must be filed within a certain amount of time after the injury occurs.
If you believe that you have a product liability claim, it is important to seek the advice of an experienced New York product liability attorney as soon as you can. An attorney can help you navigate the complex legal system, gather evidence to support your claim, and negotiate with insurance companies and other parties on your behalf. The longer you wait, the more likely there are to be complications in your case as a result of time passing.
Overall, New York product liability laws are designed to protect consumers from harm caused by dangerous products. If you have been injured by a defective product, it is important to know your rights and seek the advice of an experienced attorney.
Types Of Defective Product Claims
Design defects
A design defect occurs when a product is inherently dangerous due to its design, has a dangerous flaw, or if a defect is inherent in the design of a product, even if it is manufactured correctly. Even if the product is installed, maintained and used correctly, a product with a defective design still poses a danger. For example, a dresser that becomes unstable when drawers are pulled out even when assembled correctly has a dangerous design defect that can pose a risk to elderly persons or children.
When a dangerous product results in injury or death, those affected may pursue a legal claim for product liability. This provides essential financial help for those who have been hurt and holds businesses accountable for their negligence.
Manufacturing defects
A manufacturing defect occurs when a product is designed safely, but defects introduced during manufacturing depart from the original design in a dangerous way .
Manufacturers are generally responsible for any injuries caused by a product that was manufactured incorrectly. Even products that were designed and manufactured correctly can be dangerous.
Warnings defects
occur when a manufacturer or distributor fails to provide adequate safety warnings about potential injuries that could result. For example, power tools are often considered dangerous even when they are well-designed and -manufactured. If a business fails to warn consumers of the risks inherent in the product, it may be found liable for any resulting injuries.
Product Liability & Defective Product Law FAQs
What damages can be recovered in a New York product liability case?
In a New York product liability case, you may be able to recover damages for economic and non-economic losses. Economic damages may include medical expenses, lost wages, and other financial losses. Non-economic damages may include pain and suffering, emotional distress, and loss of enjoyment of life.
How long do I have to file a product liability claim in New York?
In New York, the statute of limitations for product liability claims is generally three years from the date of injury. If you do not file your claim within this time frame, you may lose your right to seek compensation in a legal process that is referred to as time-barring.
Can I file a product liability claim if I was partially at fault?
Yes, you may still be able to file a product liability claim in New York even if you were partially at fault for your injuries. However, your damages may be reduced in proportion to your level of fault.
What evidence do I need to prove a product liability claim in New York?
To prove a product liability claim in New York, you will need to show that the product was defective and that the defect caused your injuries. You may need to provide evidence such as medical records, witness statements, and expert testimony to support your claim. For this reason, it’s recommended to speak with an attorney if you or your loved ones have been injured as a result of a faulty product.
We Hold Negligent Businesses Accountable. Call For A Free Consultation.
If you or someone you love has been hurt because of a product that was designed, manufactured or marketed irresponsibly, you deserve to have your story told – and to help prevent others from experiencing the same pain. At Steve Foley Law Firm, we are proud to help people stand up for their rights through the Buffalo-Niagara area and surrounding communities.
For focused, attentive legal help, we encourage you to contact us for a free initial consultation. There are no out-of-pocket costs, and we only collect a fee if we recover compensation for you. Please call 716-249-2222 or contact us via email. We look forward to fighting for you.