Product recalls for defective consumer goods are common, but when a dangerous defective product winds up in your home, the results can be disastrous. Even when you are certain a product caused your injuries, product liability cases can be complex as they often involve multiple liable parties. If you believe you or a loved one has been injured by a defective product, it may be in your best interest to work with a New York product liability attorney who can help you understand your rights.
To learn if you may be entitled to damages, get in touch with Buttafuoco & Associates at 1-800-NOW-HURT for a free consultation.
Common Types of Product Liability Cases
Vehicles, food, toys, and medical devices top the list of products that are most commonly recalled in the United States. As you can imagine, a defect in any of these could mean life or death.
Infant Products
There are many issues that can make a toy, piece of furniture, stroller, playpen, or car seat dangerous to an infant. In fact, these items are among the most commonly recalled products in liability cases. Common hazards include:
- Choking (ie: toys with small pieces that can fit in a child’s mouth)
- Flammability
- Tipping hazards
- Strangulation risk
- Sharp edges
- Electrical defects
- Suffocation
A variety of injuries including lacerations, choking, and even death can result from a defective baby product. If your child suffers an injury, you can report a defective product at the Consumer Product Safety Commission.
Food
It is possible for nearly any type of food to become contaminated and result in extreme illness or injury to consumers. Food recalls commonly result from:
- Bacterial contamination including listeria, salmonella, and E. Coli
- Foreign material contamination, including metal, plastic, rock, and other unintended ingredients
- Undeclared allergens such as nuts, wheat, soy, and milk
- Other contaminants such as lead and sulfites can cause health risks
To make a foodborne illness complaint, contact the New York Department of Health.
Medication
Drugs are recalled when they put consumers at risk. Some recalls are more concerning than others, and there are three classes of recalls that correspond to the level of potential risk the drug poses. Common reasons for drug recalls include:
- Contamination with bacteria, other drugs, or other substances during the manufacturing process
- Defects that cause a drug to not work as well as it was intended to
- Incorrect labeling including missing information about side effects or drug interactions
- Additional health risks that are discovered after a drug has been approved, or that a company failed to disclose
- Adverse reactions reported by patients
Vehicles
According to the National Safety Council, millions of vehicles are recalled each year in the United States. Some of the most common reasons include:
- Brake system failure
- Airbag deployment issues
- Steering column or steering system defects
- Electrical system problems including wiring, battery connections, and other system issues
- Engine and transmission failures
- Fuel system leaks
- Seatbelt defects
- Issues with tires, wheels, or other parts
- Failures by manufacturers to meet acceptable safety standards
If you suffer an accident you believe was caused by a defective vehicle component, working with a New York product liability attorney who is also knowledgeable in auto accidents is essential.
Who is Responsible for a Product Liability Claim?
Negligence in a product liability claim can occur at any stage in its production, including:
- Product development
- Product manufacturing
- Product packaging/instructions
- Product marketing
- Product sales
Keep in mind that not all defective products will have a recall notice, since recalls typically only occur after a manufacturer has received several complaints. Just because the product in question does not have an issued recall does not mean you do not have a case.
As mentioned previously, these cases are complex. The product’s manufacturer might be liable for damages caused by the product’s design, manufacturing, and packaging, while the product’s distributor might be liable if deceptive marketing results in harm.
Entities selling the dangerous product can also be liable if they continue to sell a product under recall. In many cases, more than one of these parties is to blame, so connecting with a product liability lawyer serving New York is often the best way to maximize the compensation you recover.
What if I am Hurt by a Product?
To seek compensation for damages caused by a dangerous or defective product, you should do all of the following:
- Preserve the product along with all packaging, manuals, and receipts.
- Photograph and/or video the scene where the product caused injury or damage.
- Capture witness testimony detailing how your injury occurred. (Your attorney might also enlist an expert witness to inspect the product and identify defects in the design, assembly, and marketing.)
Keep in mind that in order to file a claim, you must have been using the product as intended at the time of the accident. Any tampering with the original design that resulted in injury could render your claim invalid.
Contact a New York Product Liability Lawyer
Buttafuoco & Associates provides legal help to New York residents injured by consumer products. It can be challenging to file a lawsuit against a large manufacturer, and we can help you level the playing field against their legal team.
We offer free, no-obligation consultations regarding your rights to recovery after an accident with a dangerous or defective product.
Call us at 1-800-NOW-HURT or fill out our online contact form to schedule your consultation today.