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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!
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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Elmiron
This drug was created to treat internal cystitis (IC). It also causes pigmentary maculopathy, an eye condition that causes progressive blindness.
Toxic Baby Formula (NEC)
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.
View Dangerous Drugs
Defective Medical Devices
Exactech
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.
Transvaginal Mesh
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.
Philips CPAP, BiPAP, and Ventilator Devices
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
Talcum Powder
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.
TCE Exposure
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.
Roundup
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.
Camp Lejeune
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.
Defective Automobiles
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.
Defective Machinery
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.
Defective Aviation Equipment
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.
Defective Boats and Maritime Equipment
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.
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:
View all our Success Stories for More!
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 ConsultationWhat 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.
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