Product Liability and Product Defect Injury Lawyer in NY
Consumers are at risk for injuries when a product does not operate the way that it is intended to perform. It is the responsibility of all parties in the supply chain to ensure that potentially dangerous products do not reach consumers. There are several parties who may be responsible when consumers are injured and the injured party should hire a product defect injury lawyer.
Defective products are a threat to public health and safety, often resulting in financial, physical, and emotional damages. Defective products can leave consumers with medical bills, lost wages, permanent injuries, and pain and suffering.
Continue reading to learn more about product liability, including responsible parties, types of liability, and to determine if you may be due compensation for your case.
What is Product Liability?
Product liability refers to all parties who are responsible for manufacturing and/or distributing any product that resulted in a consumer injury. These are the parties along the supply chain, including manufacturers, suppliers, and retailers.
There are several types of defects that can potentially occur during different parts of the supply and distribution chain. A product defect injury lawyer will need to examine and analyze the circumstances of the case to determine which parties are liable.
These defects occur when a product is designed poorly, making the product unreasonably dangerous to consumers. In design defect cases legal professionals may question why the manufacturer decided to produce a product that was poorly designed.
Manufacturing defects are caused by issues that occur during the manufacturing process. This is generally caused by an employee and/or supplier mistake.
Marketing defects are a result of misleading or untrue statements delivered during a product’s marketing campaign.
Parties are also liable when they fail to warn consumers that a product has the potential to be dangerous. Any product that can be dangerously misused should include a warning label and instructions for use.
Are Retailers Liable for Defective Products?
Retailers are responsible for ensuring the products they sell are safe for consumers. There are several situations in which the retailer can be held responsible for selling defective products.
The retailer is automatically at fault if they are aware the product being sold in their store is defective. This applies to actual or implied knowledge of a potentially dangerous product.
This occurs when a retailer sells a product to a consumer, knowing that the consumer intends to use it for one purpose and that the product was not intended to perform this function.
This occurs when the retailer disposes of the product that has caused injury to a consumer. This demonstrates a lack of evidence preservation and does not allow for the manufacturer to defend themselves.
This is a complicated area of law and requires the assistance of an experienced personal injury attorney to navigate.
What Are Common Defective Products?
Common defective products range from everyday household appliances, toys, recreational equipment, motorized vehicles, and more.
There were over 30,000 Lorex Care ‘N’ Share baby monitors recalled after over 500 consumers complained that the batteries were overheating. The batteries on these devices were swelling and expanding, exposing the hot batteries, and putting consumers at risk of burn injuries. These monitors were sold at Babies R Us, Target, and other retailers.
Automotive manufacturers are constantly looking for ways to cut costs and increase productivity. This increase in productivity often comes at the cost of consumer safety.
With the vast number of moving parts in vehicles, it is not uncommon for defects to occur during manufacturing, posing a risk to vehicle safety.
Common Motor Vehicle Manufacturing Defects Include:
- Airbags Fail to Deploy
- Seatbelts Fail to Restrain Passengers
- Brake Failure
- Fuel System Issues
- Broken Accelerator Control System
- Poorly Constructed Wheels
- Defective Ignition Switches
It is the responsibility of automotive manufacturing plants to ensure that all the vehicles manufactured are safe for consumers.
Investigations Show FDA Moves Slowly
An internal investigation has led to the findings that the FDA is not as quick as it should be to recall contaminated food products. Though the FDA denies these claims, the Deputy Commissioner has set up a group of food safety officials who will review cases that do not seem to be moving forward.
According to an investigation report on NBC4NY, the FDA still takes months to recall certain tainted food items. Allegations were made that the Food and Drug Administration allowed some food-safety investigations to drag on despite technology that has the ability to fingerprint pathogens.
The FDA has traditionally relied on voluntary recalls to remove tainted products from the market. Advanced technology now allows them to use DNA to pinpoint issues faster and remove these dangerous food products to remain on the market. Contact a product defect injury lawyer if you believe you’ve been injured or ill due to someone else’s negligence.
Do I Have a Defective Product Case?
There are several elements that must be present for a consumer to have a valid defective product case.
A Defective Product Case Must Meet the Following Conditions:
- The product must have been used for its intended purpose and used correctly.
- The product was defective.
- The defect was the cause of an injury and resulted in losses.
These stipulations must be met for consumers to have a legal case against a defective product.
Contact Product Defect Injury Lawyer at Goidel & Siegel
Reach out to Goidel and Siegel if you or someone you love has been injured due to a defective product. Goidel and Siegal are experienced personal injury attorneys who have helped thousands of clients throughout New York City, New Jersey, and surrounding areas recover compensation for their injuries. They understand the laws surrounding product defects and will fight to identify all responsible parties and hold them accountable for unsafe products.
Let Goidel and Siegel handle your product liability case and get you the compensation that you deserve. Contact the team today to schedule a free consultation to discuss your case. Reach Goidel and Siegel at 929-593-2024