Product Liability Lawyer
Product liability rules govern legal claims for injuries that a dangerous or defective product causes. Consumer products, medical devices, medications, auto parts, and children’s toys can all contain defects that make them unreasonably dangerous to use. When these defects cause consumer injuries or wrongful death, victims have the right to take the product manufacturer, distributor, or supplier to court in New York City. Go up against major corporations with confidence by retaining Pazer, Epstein, Jaffe & Fein, P.C. as your legal representation.
When Is a Product Defective?
Not every product-related injury means a lawsuit. Some items are inherently dangerous but are not defective. Product liability laws do not mean that if a chef accidentally slices his or her finger while using a sharp knife, he/she can automatically sue the manufacturer. Injuries must have stemmed from a defect within the product to give the injured party grounds for a claim. For example, if the knife had a defective handle that shattered with regular use, resulting in the chef’s injuries. Defects take three main forms:
- Mistakes made during manufacture. Some products would be safe for use, were it not for an error made during its manufacture, assembly, or distribution. For example, a bicycle with a missing chain, or prescription drug tainted by a poisonous substance, would constitute a manufacturing error. An injured person does not have to prove when or why a mistake during manufacture occurred – only that the item has a defect and this defect caused injury.
- Defectively designed products. Other products are inherently dangerous to use even when manufactured correctly. These items have defective designs that make risk of injury almost inevitable. For example, a vehicle model that has a tendency to flip over when operating it normally. Many manufacturers will catch defective designs and issue recalls but often not before injuries occur.
- Lack of adequate product warnings or instructions. If it is reasonable for a manufacturer to assume a consumer may use a product and sustain an injury, the manufacturer must include warning labels or instructions to prevent said injury. For instance, if a child’s toy presents a strangulation hazard for children three and under, there must be a warning label. Failure to warn of this risk, leading to a child choking, could result in manufacturer liability.
An item does not have to be on a recall list for injured consumers to bring legal claims. If the item has one of the above-mentioned defects that caused your injuries, speak to a product liability attorney. You are most likely eligible for compensation.
Statute of Limitations for Product-Related Claims
Every state abides by different statutes for product liability claims. In New York, there is a statute of limitations that determines when an injured party must file – or else lose the right to do so. Statutes of limitations are in place to protect defendants from unfair trials. In New York, a consumer has three years after the date of injury to file a product liability claim.
If the victim doesn’t discover his or her injuries until later (e.g. if a talc powder product causes cancer a decade after first using the item), the clock doesn’t start ticking until the date of discovery, or the date the person reasonably should have discovered the harm. Missing this deadline could mean a lost opportunity to recover damages. Don’t delay – get in touch today.