Each year, the Consumer Product Safety Commission recalls a multitude of clothing, shoes, jewelry, and luggage because of design or manufacturing flaws that pose a safety threat to users. However, most consumers are unaware of the various product recalls issued throughout the year until they suffer an injury or illness giving them a reason to research a possible connection between the product and the harm they experienced.
At Buttafuoco & Associates, our New York product liability attorneys are experienced in taking on big corporations and fighting for the rights of consumers who have suffered injuries because of defective products.
If you are reading this page because a dangerous product caused you or someone you love harm, we would like to sit down with you and review your case for free. Call us at 1-800-NOW-HURT to schedule your free consultation today.
How can clothing and accessories be dangerous and cause injury?
When designers create apparel and accessories using dangerous components, every piece of clothing or accessory made could pose a threat to its user. If the error occurred during the manufacturing of the product, it could not only affect one piece, but an entire batch of items.
The following list offers some common dangers in defective clothing and accessories:
- High flammability
- Materials that claim to be flame-retardant but are not
- Use of caustic or toxic chemicals during the manufacturing process
- Small components (buttons, charms, etc.) that can easily fall off and pose a choking hazard
- Strings or straps close to the neck that can cause strangulation
These dangers can lead to:
- Severe burns
- Severe allergic reactions
Flammability is perhaps the most commonly reported clothing danger. The risk is so common that the U.S. Government enacted the Flammable Fabrics Act to create guidelines for appropriate levels of flammability in apparel.
Who is responsible for the harm caused by defective clothing and accessories?
After experiencing an injury or sickness because of an unsafe article of clothing or accessory, you have the right to seek financial recovery for your medical bills and other losses. The amount and types of damages you may be awarded depend on the extent and impact of your injuries and your ability to prove the designer or manufacturer of the product acted negligently in some way causing you harm.
You or your loved one may be entitled to compensation for:
- Lost wages and earning capacity
- Permanent scarring or disfigurement
- Brain damage
- Pain and suffering
- Wrongful death
You might also be entitled to punitive damages if the designer or manufacturer is found to have been grossly negligent in the production of the clothing article.
How can a New York product liability lawyer help me?
Substantial amounts of evidence are required to successfully file and win a claim against a clothing or accessories designer or manufacturer. A New York product liability attorney at Buttafuoco & Associates can help you identify the cause of your injury and responsible party.
In any situation where clothing or accessories cause the wearer harm, the injured party must prove s/he used the item correctly. For example, if a person wearing steel-toe boots knowingly places his/her foot in a hydraulic press to test the boot’s strength, s/he would be liable for the resulting injuries.
Investigating the details of your case to uncover the cause of your injury and identify the responsible party(ies) is both time-consuming and complicated. Corporations employ a team of attorneys whose only mission is to settle defective product claims for as little as possible if at all.
For this reason, it is wise to trust your case to experienced legal professionals who know what information iies necessary to present a strong case to the insurance companies and get maximum compensation.
As part of our firm’s investigation of your case, we will work to:
- Collect photographs or video of the dangerous article of clothing or accessory.
- Gather eyewitness statements regarding how the article caused you harm.
- Work with your physicians in documenting your injuries properly.
Often, we will also work with industry experts who can testify on your behalf as to the nature and impact of your injury or illness and confirm the defects or dangerous components of the product that caused you harm.
Speak to a New York Product Liability Attorney for Free
Buttafuoco & Associates wants to make the claim process easy on you, starting with a free, no-obligation consultation. Call us at 1-800-NOW-HURT to schedule an appointment today. We help families recover damages and ensure that no one else has to suffer injury because of dangerous clothing.