If A Defective Product Harms You Or Your Property, You Have Legal Options
When you purchase a product, you reasonably expect it to work as it should. However, defects in the product’s design, manufacturing or marketing can cause serious injuries to your person and your property.
From faulty appliances to toys with choking hazards and flawed medical devices, the Poughkeepsie product defect attorneys at Rutberg Breslow Personal Injury Law can help you file a claim and seek compensation. Our attorneys have over a century of combined experience assisting clients in New York with their personal injury claims. You can trust us to fight for what you deserve.
Types Of Product Defects
There are three main types of product defects: manufacturing, design and marketing defects. You must pinpoint how the product was defective, so the first step in your product defect case is to determine what went wrong and why.
Manufacturing defects refer to flaws in the product’s production that are different than the intended design. This defect may occur due to the materials used or mistakes made during assembly.
Design defects are inherent issues in the overall design of the product. Design defects will impact every product with that design.
Marketing defects include insufficient warnings or inadequate instructions that lead to injury. For example, if a manufacturer fails to adequately warn of the possibility of serious injuries on clear and available warning labels on the product, you may have a marketing defect case.
Injuries And Damages Caused By Defective Products
Defective products can cause harm to you and your property. Common physical injuries include cuts, burns, choking, broken bones and injuries from medical devices or drugs. Defective products can also harm your property, causing damaging situations such as fires and explosions.
Establishing Liability In Defective Product Cases
To establish liability in a defective product case, you must first prove that the product was defective and that the at-fault party is responsible for your injuries due to negligence. At the start of your case, our attorneys will gather relevant information and evidence about the product, the accident and the harm it caused. We will work with expert witnesses and product safety experts to build a solid foundation for your case. At-fault parties can include the manufacturer, designer, retailers and any other party in the chain of distribution.
Types Of Compensation For Defective Product Injuries
If you are the victim of a defective product accident in New York, you may file a claim and seek damages for your injuries and any related costs. You may obtain damages for property damage, medical expenses, lost wages from missing work, pain and suffering, and mental anguish. In some cases where gross negligence is evident, you can also recover punitive damages. Punitive damages punish the at-fault party for their behavior or negligence.
Insurance Companies And The Legal Process In A Product Defect Accident Case
In New York, you can file a defective product claim under a negligence theory, strict liability or breach of warranty. Our attorneys will review your case and help determine the best claim for your circumstances. Under a negligence claim, you must prove that the at-fault party did not exercise the necessary care to ensure the product was safe. Common causes under a negligence theory include product design defects, lack of adequate testing and failure to provide proper product warnings.
In a strict liability case, you must prove that the product was unsuitable for use as intended or that its risk overshadows its value. A breach of warranty is used when a product does not fulfill an implied or stated claim.
In product defect cases, the negligent parties and their insurers will often seek to settle the claim quickly and cheaply. While it may be tempting to accept their offer, we recommend waiting and discussing your options with an experienced attorney first. Insurers often do not have your best interests in mind and will undervalue your claim. When you work with our team at Rutberg Breslow Personal Injury Law, we take the time to fully estimate how much your claim is worth before filing.
Our attorneys will be by your side throughout the entire process. From gathering evidence proving that the product was defective to litigating your case in court, you can trust our experienced team to fight tirelessly for the best outcome possible in your case.
Holding Manufacturers Responsible For Defective Products
If a defective product harmed you, don’t wait to get started on your claim. In New York, you only have three years from the date of the accident to file a claim. In product defect cases, the investigation period can take some time due to the nature of the case. To get started, call 845-846-8120 or complete our online contact form to schedule your free consultation.