how do i find a product liability lawyer nyc

For a free consultation with our product liability lawyers in NYC, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you.

Full Answer

How to file a product liability lawsuit?

To take legal action against a manufacturer, a plaintiff must prove an injury was directly related to use of a product when using while intended or that the manufacturer failed to warn of any risks and an injury occurred. In a product liability lawsuit, victims can: 1 Pursue compensation for economic losses, such as lost wages, medical bills, and any costs associated with the injury. 2 Pursue compensation for pain and suffering and emotional distress that occurred due to an accident or injuries. 3 File a wrongful death claim if a family member was lost due to an accident caused by a defective product.

How long does it take to file a product liability claim in New York?

Much like other personal injury claims, there is a statute of limitations in NYS. The state typically allows three years to file a product liability claim. It’s important to speak with an experienced product liability attorney as soon as possible to ensure your right to file a claim is not forfeited.

What is a class action lawsuit?

Pursue compensation for pain and suffering and emotional distress that occurred due to an accident or injuries. File a wrongful death claim if a family member was lost due to an accident caused by a defective product. Some products injure hundreds or thousands of consumers. As a result, a class-action lawsuit may be initiated.

What is defective product design?

Defective product design occurs when the product was manufactured and it functioned as it was intended to, but the design contained flaws or was designed without reasonable care, making it dangerous to consumers. When this occurs, it means an entire line of products is impacted, not just a selected number of products.

Is product liability preventable?

Injuries caused by product defects are often preventable. Companies should be held to standards to ensure the products they sell to the public are safe. If you, or a loved one, have suffered a serious injury caused by a product defect, we can help. The New York product liability lawyers at Raphaelson & Levine have years of experience and get results.

What is the duty of a manufacturer to warn consumers?

If a manufacturer is aware of potential hazards or risks consumers may encounter when using a product , they have a duty to warn consumers. Failure to warn in strict product liability lawsuits.

What are some examples of defective products?

Examples of defective products include: Prescription drugs and OTC medications. Sadly, all too often medicines are approved for use and then later recalled due to unsafe side effects or other problems – some are never recalled.

Need help with Products Liability Law?

You've come to the right place. If you've been injured by a dangerous or defective product, a products liability lawyer may be able to help.

Need an attorney in New York, New York?

FindLaw's Lawyer Directory is the largest online directory of attorneys. Browse more than one million listings, covering everything from criminal defense to personal injury to estate planning.

Want to check lawyer discipline?

It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:

What is product liability in New York?

In a New York product liability action, we allege that a manufacturer did not provide adequate warnings about its product, defectively designed the product or defectively manufactured the product. In all of these cases, we have to tie the allegation back to the client’s losses or injuries.

What happens when a manufacturer sells a defective product?

Defects in products like tools or heavy equipment can cause devastating injuries, as can defects in products like automobiles and medical devices. All manufacturers have a legal obligation to make sure that their products are safe for use and are packaged with adequate warnings. Patients and consumers trust that the products they’re receiving are safe, and our law firm is here to help when a manufacturer betrays that trust.

What are medical devices?

Medical devices include both medical instruments and surgical implants. We have litigated medical device cases for decades, helping patients recover compensation for the ways they have been injured during or after a medical procedure. Currently, we are pursuing lawsuits against manufacturers of the following medical devices (among many others):

Do auto manufacturers have to make sure their vehicles are safe?

Automobile manufacturers must make sure that their cars, SUVs, and trucks are safe before selling them to consumers. Defects in automobiles can cause serious injury to both the occupants of the defective vehicle and other motorists and pedestrians on the road. Some defective vehicle cases we have seen have involved:

What is the chemical in Roundup?

One extremely popular weed killer on the market is Roundup, which contains a chemical called glyphosate . Glyphosate has been declared a probable carcinogen, and studies have linked it to non-Hodgkin lymphoma and several subsets of non-Hodgkin lymphoma, including lymphocytic lymphoma, chronic lymphocytic leukemia, B-cell lymphoma, and hairy cell leukemia. Parker Waichman is suing the manufacturer of Roundup for faulty testing on the product and for concealing information about its cancer-causing potential from the public.

Do cosmetics have to go through the FDA?

Cosmetic products are not as closely regulated by the FDA as medical products, which means cosmetic product manufacturers do not have to go through the same approval process with the FDA before sending their items to store shelves. However, that does not mean that manufacturers of cosmetic products get a free pass to sell dangerous products. They still have a duty to make sure that the products they’re selling are safe for consumers to use. When they sell dangerous products and injure people, our firm fights back.

What happens when equipment fails?

When equipment fails, people can suffer severe injuries including:

What is the law in New York?

New York law requires that manufacturers and sellers of products ensure that their products are not in any way defective or dangerous to users. Companies must provide proper warning if any part of their product is unsafe or if using the product in a certain way could be hazardous to the user’s safety or health.

What is manufacturing flaw?

In a manufacturing flaw case, the claim is that the injury or death was caused by a flaw in the manufacturing of the defective product and that the product was not manufactured properly which resulted in a dangerous condition that made the product defective and dangerous and caused injury or death.

What is hazard in design?

Once a hazard, which is a condition that may cause injury or death, is identified in a product, the design engineer must follow an accepted design priority recognized by all design engineers in reducing the possibility of the dangerous condition of the product causing injury or death.

Can defective products have been avoided?

Many of the injuries or deaths that are the result of defective products could have been avoided if manufacturers designed better products and manufactures and sellers of those products followed the law and properly warned users of product dangers.

Can a lawyer try a case?

Many lawyers hold themselves out as "trial attorneys" but never actually tried a case as they are more interested in settling. Unless the defendants knows your attorney is willing to try the case, they will never settle the case for full value.

What are the types of product liability claims?

Product liability claims typically involve the following: 1 Design Defect: The design of the product itself was unreasonably dangerous and posed a threat to the user. For example, if an SUV’s roof is not properly supported, it could collapse in a rollover accident. In this instance, the manufacturer should have determined the danger in the design and changed it to prevent catastrophic roof crush injuries. 2 Manufacturing Defect: The product became defective, faulty, or dangerous during the manufacturing process. This can include scenarios where a handful of tires were manufactured with weak seals, making them prone to blowouts, or a specific batch of medical implants do not function properly. 3 Failure to Warn: The manufacturer did not include proper warnings of potential dangers when using the product. In this situation, the manufacturer was aware that the product could cause serious injuries if used incorrectly. If they failed to include warning labels, such as an age restriction or a choke hazard warning on a children’s toy, and a customer was hurt, that customer could pursue a claim against the manufacturer. 4 Marketing Misrepresentation: The retailer or product’s marketing team misrepresented how the product should be used or failed to warn consumers of potential dangers or side effects. This is more common with pharmaceutical claims where the manufacturer was aware that a new medication could cause injuries or illnesses during treatment.

What are the legal obligations of a product manufacturer?

I n the United States, product manufacturers, designers, and distributors are legally obligated to ensure that the products they release on the market do not pose an unreasonable risk of injury or illness to consumers. Unfortunately, either due to carelessness or negligence, numerous products are released every year and cause untold trauma to unsuspecting consumers. Defective products can include everything from faulty airbags to dangerous medical devices. If you believe that your injuries were caused by a defective product, you may have a valid product liability claim.

How much did Cliff Shapiro settle for?

Cliff Shapiro obtained a settlement of 1.175 million dollars for a twenty-one year old man who was blinded in one eye as a result of an accident involving a defective platform hoist.

How much did Jason Rubin settle for?

Jason Rubin secured a settlement of $2,500,000.00 on behalf of a 33 year old man who was injured as a result of a defective inflatable tube towed behind a boat.

Serving Victims of Defective Products Nationwide

At Rheingold Giuffra Ruffo & Plotkin LLP, we represent people who have been injured by dangerous and defective products. When you trust your recovery to our team, we will always treat your case with the individual attention it deserve, and our attorneys will be the only ones working on your case.

Have You Been Injured by a Dangerous Product?

At Rheingold Giuffra Ruffo & Plotkin LLP, we have been serving the legal needs of people from New York and across the nation since 1971.

Leaders in Product Liability Law

Our attorneys are active members and leaders of a number of legal committees and associations, as well as educators on topics such as auto product liability and dangerous medical devices. We give every client individual attention and the benefit of our decades of legal experience.

What does "defective" mean in a product?

Defective can mean in design , in manufacture, or in warnings; The product had not been altered in any way from when it was sold. The plaintiff does not need to show that the defendants knew the product was defective and dangerous. But if a plaintiff contributes to his own injury, a strict liability theory is undermined.

What is strict liability?

Strict Liability: This theory is increasingly prevalent for products that cause injury because it is very difficult to prove that a product was negligently designed or manufactured. It is very similar to a breach of warranty claim. While strict liability is not absolute, this theory does away with your need to prove the defendant was at fault in its actions; rather, the theory focuses on the dangerousness of the product in and of itself. To prove a strict liability product liability case, the plaintiff must show that:#N#The defendant is in the business of selling and actually sold a product (this includes everyone in the chain of distribution, from parts suppliers to the retailer);#N#The product was in a defective condition and was therefore unreasonably dangerous and caused injury to the plaintiff. Defective can mean in design, in manufacture, or in warnings;#N#The product had not been altered in any way from when it was sold. 1 The defendant is in the business of selling and actually sold a product (this includes everyone in the chain of distribution, from parts suppliers to the retailer); 2 The product was in a defective condition and was therefore unreasonably dangerous and caused injury to the plaintiff. Defective can mean in design, in manufacture, or in warnings; 3 The product had not been altered in any way from when it was sold.

Is strict liability absolute?

While strict liability is not absolute, this theory does away with your need to prove the defendant was at fault in its actions; rather, the theory focuses on the dangerousness of the product in and of itself. To prove a strict liability product liability case, the plaintiff must show that: The defendant is in the business ...