Often, we hear news stories, read blogs or receive notices in the mail informing us of recalls of products for various reasons. The most common reason for a product recall is an inherent danger found in some or all versions of that product. Any consumer good, from food to clothing to children’s toys, can cause harm to the user if it is defective.
Given the number of hands needed to create products en mass, many parties could be held responsible for consumers’ injuries. If you or a loved one has suffered injuries while using a product, you may be entitled to compensation for your damages.
Product liability cases are extremely complex. Any individual attempting to handle their case alone runs the risk of receiving little to no compensation for their injuries. At Buttafuoco & Associates, our New York product liability attorneys have helped many families settle their cases successfully and for the maximum amount allowed under the law. We can help you too. Call us today at 1-800-NOW-HURT to schedule a no-cost, no-obligation review of your case.
What are some common types of product liability cases?
Toys and infant furniture are among the most common items involved in product liability cases. Products can be dangerous if they present any one of the following risks:
- Choking hazards
- Flammability
- Loose connections
- Tipping hazards
- Chances of getting tangled
- Sharp edges
- Electrical shortages
Dangerous child’s toy and furniture cases can cause injuries ranging from lacerations to choking, and even death.
Food and medications are also common liability cases, as they can be easily contaminated. A manufacturer may issue a recall due to cross contamination, bacterial infection, or in the case of medications, incorrect labeling. Two of the most common food contamination recalls are due to Listeria or E.Coli. Many product liability cases involving food will result in severe illness and infection, while drug product liability cases may cause serious side effects or overdoses.
Dangerous and defective vehicles are unique types of product liability claims, as they are also considered car accident claims. If you suffer injury from a defective vehicle or dangerous vehicle component such as a defective tire or airbag, make sure the attorney you choose to handle your case is well versed in both auto accidents and product liability claims.
Who can be held liable in a product liability claim?
Negligence in a product liability claim can occur at any stage of a product’s life including:
- Product development
- Product manufacturing
- Product packaging & instructions
- Product marketing
- Product sales
A defective product will not necessarily have a recall notice. Issuance of a recall typically only occurs after the manufacturer has received several complaints of the defect. Still, the existence of a recall can have a bearing on your claim.
The product’s manufacturer might be liable for damages caused by the product’s design, manufacturing, and packaging. The product’s distributor might be liable if deceptive marketing causes the damages. Finally, the entities selling the dangerous product can be liable if they continue to sell a product under recall.
What should I do if I was hurt while using a product?
The first step in seeking compensation for damages caused by a dangerous or defective product is to keep all the parts of the product intact for inspection. You should preserve all of the product including packaging, manuals, and receipt. If the product is too dangerous to keep, take photographs and video of disposal.
Photographs and video of the scene where the product caused injury are also important. You must prove that you were using the product as intended and you did not modify it from manufacturer’s specifications. Any tampering with the original design might render your claim invalid unless your alternations had no bearing on the cause of the accident.
Witness testimony detailing how your injury occurred can help your case as well. Your attorney might also enlist an expert witness to inspect the product and identify defects in the design, assembly, and marketing.
Speak to a New York Product Liability Lawyer
Buttafuoco & Associates provides legal help to New York residents injured by consumer products. It is hard to file lawsuits against large manufacturers and retailers, and our law firm helps 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.
Often, we hear news stories, read blogs or receive notices in the mail informing us of recalls of products for various reasons. The most common reason for a product recall is an inherent danger found in some or all versions of that product. Any consumer good, from food to clothing to children’s toys, can cause harm to the user if it is defective.
Given the number of hands needed to create products en mass, many parties could be held responsible for consumers’ injuries. If you or a loved one has suffered injuries while using a product, you may be entitled to compensation for your damages.
Product liability cases are extremely complex. Any individual attempting to handle their case alone runs the risk of receiving little to no compensation for their injuries. At Buttafuoco & Associates, our New York product liability attorneys have helped many families settle their cases successfully and for the maximum amount allowed under the law. We can help you too. Call us today at 1-800-NOW-HURT to schedule a no-cost, no-obligation review of your case.
What are some common types of product liability cases?
Toys and infant furniture are among the most common items involved in product liability cases. Products can be dangerous if they present any one of the following risks:
- Choking hazards
- Flammability
- Loose connections
- Tipping hazards
- Chances of getting tangled
- Sharp edges
- Electrical shortages
Dangerous child’s toy and furniture cases can cause injuries ranging from lacerations to choking, and even death.
Food and medications are also common liability cases, as they can be easily contaminated. A manufacturer may issue a recall due to cross contamination, bacterial infection, or in the case of medications, incorrect labeling. Two of the most common food contamination recalls are due to Listeria or E.Coli. Many product liability cases involving food will result in severe illness and infection, while drug product liability cases may cause serious side effects or overdoses.
Dangerous and defective vehicles are unique types of product liability claims, as they are also considered car accident claims. If you suffer injury from a defective vehicle or dangerous vehicle component such as a defective tire or airbag, make sure the attorney you choose to handle your case is well versed in both auto accidents and product liability claims.
Who can be held liable in a product liability claim?
Negligence in a product liability claim can occur at any stage of a product’s life including:
- Product development
- Product manufacturing
- Product packaging & instructions
- Product marketing
- Product sales
A defective product will not necessarily have a recall notice. Issuance of a recall typically only occurs after the manufacturer has received several complaints of the defect. Still, the existence of a recall can have a bearing on your claim.
The product’s manufacturer might be liable for damages caused by the product’s design, manufacturing, and packaging. The product’s distributor might be liable if deceptive marketing causes the damages. Finally, the entities selling the dangerous product can be liable if they continue to sell a product under recall.
What should I do if I was hurt while using a product?
The first step in seeking compensation for damages caused by a dangerous or defective product is to keep all the parts of the product intact for inspection. You should preserve all of the product including packaging, manuals, and receipt. If the product is too dangerous to keep, take photographs and video of disposal.
Photographs and video of the scene where the product caused injury are also important. You must prove that you were using the product as intended and you did not modify it from manufacturer’s specifications. Any tampering with the original design might render your claim invalid unless your alternations had no bearing on the cause of the accident.
Witness testimony detailing how your injury occurred can help your case as well. Your attorney might also enlist an expert witness to inspect the product and identify defects in the design, assembly, and marketing.
Speak to a New York Product Liability Lawyer
Buttafuoco & Associates provides legal help to New York residents injured by consumer products. It is hard to file lawsuits against large manufacturers and retailers, and our law firm helps 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.
