New York City Product Liability Attorney

If you were harmed by a defective product, an experienced attorney can help you seek justice. Jacob D. Fuchsberg Law Firm's NYC product liability lawyers recover compensation from faulty consumer product manufacturers for our clients. Schedule a free consultation! 

The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team

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Our Recent Successful Product Liability Awards and Settlements

Our attorneys fight hard to get our client's maximum compensation for their injuries. These are some of our most recent achievements:

Product Liability

$7.5 Million

Recovered for defective design of car: A mother of three was driving a rental car, and when she hit a guardrail, the car overturned, and the roof collapsed. She suffered brain damage and quadriplegia, and she is unable to live independently.

Product Liability

$1 Million

A young boy was injured when the battery from a lawnmower flew off and injured him in the eye. He ended up completely losing vision in the affected eye.

Product Liability

Confidential

This is a story about how a difficult product liability case ended in a multimillion-dollar settlement; about corporate greed that prioritized profits over safety, reckless employers who valued productivity more than people, and an exploited immigrant mom who worked a grim job for low wages.

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How Can Trusted New York City Product Liability Lawyers Help You?

New York product liability attorneys pursue justice for consumers who were injured because a consumer product was poorly designed or had a manufacturing defect that made it inherently dangerous to use as directed.

Consumer product companies have a duty to ensure that all of their products are safe for use, including ensuring products are designed with safety features and free of toxic substances.

If a company fails to do so, either by an oversight of problems in the creation of the product or a failure to uphold proper manufacturing safety standards, then it can be held liable for the harm its defective products caused consumers. The company would be responsible for paying for the effects of your injuries.

Unfortunately, it’s not as simple as asking the company to pay for your medical care after one of its products causes injury. This is the job of New York product defect law firms — to build a case against the company, prove liability, and secure compensation for their clients.

When you choose Jacob D. Fuchsberg Law Firm, you’re in the hands of experienced product malfunction lawyers. We will:

  • Investigate the causes of your injuries
  • Gather evidence to build your claim in court
  • Protect you from the other party’s attorneys and insurance company
  • Negotiate on your behalf for a fair settlement
  • Hire expert witnesses to testify as to the company’s wrongdoing

We walk beside you through the entire defective product claim process. Learn more about our firm and our history of protecting consumer rights!

product malfunction lawyers

What Makes a Valid Product Liability Claim? 

There are dozens of ways a consumer can be injured by a defective product. To secure compensation, your New York product liability attorney demonstrates negligence on the company's part by finding flaws in its design, problems in the manufacturing process, or an omission of the safety instructions on warning labels.

Manufacturing Defects

A manufacturing defect means the product was not produced correctly and is dangerous. This can happen with a single production run, such as a specific batch of medication crafted with contaminated products. Companies may be able to narrow down the window of damage and recall the products manufactured during that period.

Design Defects

Design defects are inherently flawed products. This could be a seat belt clasp that doesn’t properly latch because the size of each piece wasn’t created in the proper dimensions. 

These defects affect the entirety of the production; in such cases, the company should have completed proper testing and realized the product had a bad design. 

Failure to Warn

Failure to warn means that the company should have included proper safety instructions or warnings about possible product misuse. This could include indicating how to apply skin care products — such as not near the eyes — or a warning of choking hazards for a child’s toy.

Marketing Misrepresentation

If the retailer selling the product or the advertising campaign misrepresented the efficacy of a consumer product or failed to warn consumers about possible side effects of its use — such as prescription medication — then it, not necessarily the product manufacturer, could be held liable for damages caused. This is most commonly found in cases of dangerous drugs. 

New York Product Liability Cases We Litigate

Product liability cases generally fall into two categories: mass torts and class-action lawsuits. Both types of legal actions involve large groups of people who were injured similarly by the same product issue, as well as their respective attorneys. Each type of legal action allows plaintiff attorneys to share resources.

Dangerous Drugs

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This drug was created to treat internal cystitis (IC). It also causes pigmentary maculopathy, an eye condition that causes progressive blindness.

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Similac and Enfamil, two major infant formula manufacturers, have batches of formula with contaminated cow’s milk, causing babies serious digestive diseases and NICU care.

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Defective Medical Devices

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Exactech manufactures a liner used in hip and knee replacements found to have a poorly sealed vacuum bag. This led to the need for revision surgery in many patients.

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This is used to treat leaking bladders and pelvic floor problems in women. It’s alleged to cause scarring, internal bleeding, and organ damage because the device shifted or eroded.

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A CPAP provides oxygen to sleep apnea patients through a long hose when they sleep. These machines were alleged to be made with toxic foam, causing cancer from excessive exposure.

Other Product Liability Lawsuits

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Baby powder containing talc is alleged to have been contaminated with asbestos. This led to uterine and ovarian cancers in women who used it and mesothelioma in men and women.

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TCE is a toxic chemical that many workers at Brookhaven National Laboratory (BNL) were exposed to. It is a known human carcinogen linked to several kinds of cancers.

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Roundup is a popular commercial weed killer used on lawns, commercial golf courses, and community parks. It contains chemicals that cause Non-Hodgkin’s Lymphoma and other various types of cancer.

Military service members and families stationed at Camp LeJeune from the mid-1950s to the mid-1980s may have been exposed to toxic chemicals in soil and groundwater, leading to several cancers.

Problems with the brakes or steering can cause the driver to collide with others, while a defective airbag or seat belt may prevent the driver from being protected upon impact.

Nail guns that misfire, forklifts without proper safety protections, or other problems with equipment and machinery common in construction accidents can harm the user and others around them.

Aviation equipment malfunctions can cause hundreds of people to lose their lives. Problems with engines, propellers, or the design of the fuselage may render an aircraft fundamentally unstable and unsafe.

Boating accidents can be tragic, leading to permanent brain damage or accidental drownings. Boat fires and leaks are some of the most common boat malfunctions.   

Product Liability Lawsuits

Are You Hurt or Ill Because of a Dangerous Consumer Product?

If you took a dangerous drug, had a faulty medical device implanted, or were otherwise harmed by a defective consumer product, contact the NYC product liability attorneys at Jacob D. Fuchsberg Law Firm today for a free case consultation!

Schedule a Free Consultation

What Types of Injuries Can Defective Products Cause?

We fight to ensure our clients receive a fair settlement to cover the medical care they need to recover from the harm caused by dangerous products.

Many of our clients have sustained:

  • Concussions or traumatic brain injuries
  • Back, neck, or spinal cord injuries
  • Broken bones, fractures, or joint injuries
  • Soft tissue injuries like sprains and strains
  • Contusions and lacerations
  • Internal organ damage or internal bleeding
  • Cancer or other progressive diseases
  • Partial or complete paralysis
  • Burn injuries
  • Involuntary amputations

In some unfortunate cases, the injured victim did not survive; we can file a wrongful death suit for your family if you lost a loved one due to a malfunctioning consumer product. Please contact us today to learn how we can help. 

Damages You May be Eligible for in a Product Liability Claim

Compensation after harm from a defective consumer product or dangerous drug or medical device is intended to make you financially whole from the expenses you incurred to treat your illness or injury and your other financial losses. You may be entitled to recover:

  • Cost of medical bills and rehabilitative therapy
  • Lost wages from missed work
  • Loss of potential earning capacity
  • Pain and suffering, or emotional trauma
  • Diminished quality of life
  • Long-term care or nursing home accommodations

If you pursue a wrongful death case, you may be entitled to compensation for loss of consortium and guidance of a loved one.

reviews

Our Clients’ Reviews

Stars

I cannot rate the firm any higher! we are extremely happy with the service we received from Brad, Chris and the team. We are northern Irish citizens and as such had no experience of the US justice system, Chris and Brad helped us navigate this and made sure we understood every step of the process and we were kept informed of what would happen with the case.

We also felt that Brad and Chris had a genuine interest in our story, what the implications for us as a family were and they were genuinely invested in how they could help our situation.

We were reassured by the manor in which Chris and Brad dealt with us and trusted that the advice we were given was always well balanced and in our best interests. We were extremely happy with the outcome the firm achieved for us and feel that we only got this outcome due to the hard work of Chris and Brad. I would not hesitate to recommend the firm to anyone who is considering a case and wants to feel as though they are really valued as a client.

Many thanks to the firm for all of their hard work on our behalf it truly is appreciated.

Leanne Montgomery

Citizen

5

Stars

Let’s go to the beginning when I realize that I was going to need legal assistance because I was shocked that I was actually injured I called my fiancé and told her that I was going to need a lawyer, so she googled the top 5  personal injury law firms in NY and The Jacob Fuchsberg Law Firm came up. One of the representatives from the firm took the time to come personally to my home to see me, that immediately showed me that I was going to be able to make it through my pain and suffering they understood what I was going through and with patience, persistence, and diligence they were able to get the best results possible in settling my case. I highly recommend the Jacob Fuchsberg Law firm when the unexpected happens you will not be dissatisfied with the kind, courteous and professionalism that you would expect from a law firm.

Keith Middleton

Citizen

5

Stars

Very satisfied with the representation I was given from this law firm.  I would recommend Fuchsberg to anyone with a unique situation such as mine. My attorney went above and beyond to ensure everything was done thoroughly and in a timely manner! Everything about this firm exceeded my expectations! Very special thank you to Chris,  Allison, and Brad!

Marie Price

Citizen

5

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Jacob D. Fuchsberg Law Firm — Skilled New York Product Liability Lawyers

Consumer product liability cases can be complex, and the defendants have enormous resources to bring to bear. Fortunately, you don’t have to combat a major corporation alone.

The legal team at Jacob D. Fuchsberg Law Firm has decades of collective experience litigating even the most contentious defective product liability cases. Ilana Wolk, a firm partner, even serves as a committee member of the multidistrict litigation for Exactech. Call us for a free consultation today.

Background

FAQ

Frequently Asked Questions

How long do I have to file a product liability lawsuit in New York?

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The statute of limitations for a defective product liability case in New York is three years from the date of the injury or three years from the date that the illness was diagnosed. If a victim is injured directly after using the product, harm is immediately evident. However, in toxic exposure cases, harm caused by toxins isn’t usually readily apparent.

If I am part of a mass tort or class action suit, will I still get a settlement?

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In both cases, yes, if the case is settled in favor of the plaintiff or the judge decides in the plaintiff’s favor. In mass tort cases, each plaintiff receives their own award, as their case is argued separately; in class actions, all plaintiffs split the award. Class action awards are larger and intended to compensate every member of the class.

How Is liability established in product liability claims?

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Liability is established by proving that the manufacturer should have known that its product was dangerous. This could mean that they didn’t pay attention during manufacturing or that they should have noticed the product design was flawed. 

In other product liability claims, the company should have run more tests and conducted safety studies on a consumable product before releasing it.

Background

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