Hiring the Best Product Liabliity Lawyers in New York
Top New York Product Liability Attorneys
Our attorneys are recognized as leaders in New York
product liablity trial law. Six of our attorneys have achieved
AV Preeminent status with
Martindale-Hubbell representing the highest ranking for ethical standards and legal ability.
Five of our attorneys have been included in
Super Lawyers in the New York Metropolitan Area as published in the Magazine Section
of the New York Times. Our firm is listed among the
Best Lawyers in the State of New York and is listed among the Best Law Firms in the
New York Metro area by
US News & World Report in the field of
medical malpractice law.
Our Attorneys Protect the Rights of New York Victims of Defective Products
New York Product Liability Attorneys
Large corporations in the United States are responsible for selling a plethora
of products to consumers each year and in turn, collecting billions of
dollars in profits. These corporations, according to New York State law
have a legal, as well as a moral, obligation to ensue that there products
are safe for use and consumption and are not defective in any manner.
These products must be designed with a combination of both safety and
utility being properly balanced. If there is known or likely danger associated
with the product, the danger should be designed out of the product if
at all possible without destroying the utility of the product. If the
danger cannot be reasonably designed out of the product, the danger must
be guarded against to the extent it is reasonably possible without destroying
the utility of the product. Finally, if the danger cannot be designed
out or guarded against, the manufacturer must include proper warnings
of the danger to the end-user of the product.
In the case where the product could be potentially harmful to the consumer’s
safety, it is imperative that these corporations provide a proper warning.
If corporations fail to provide the aforementioned warnings and knowingly
and thus, negligently, sell dangerous products that may injure or seriously
harm consumers, such companies can be held liable for their actions. Unfortunately,
many of the injuries that result due to defective products could have
been prevented had the manufacturer exercised the required degree of caution
during the design of the product or provided consumers with adequate warnings
regarding the hazardous consequences of using the product in a certain way.
New York State law provides a remedy for this injustice by allowing either
the individual who was injured or the family of a deceased victim to bring
forth a product liability claim against the responsible party in order
to recoup compensation for any damages sustained. For there to be a valid
claim, it must be demonstrated that the product’s defective nature
is owed to a design error, a manufacturing error and/or an improper warning
with regard to the dangerous consequences resulting from the use of the product.
The attorneys at
Queller, Fisher, Washor, Fuchs & Kool have over fifty years of collective experience litigating product liability
claims. Our attorneys have the knowledge, experience and resources to
ensure that our clients receive the maximum possible compensation that
they deserve. Queller, Fisher, Washor, Fuchs & Kool litigates a number
of product liability claims including, but not limited to:
- Defective Drugs (medical device defect, prescription drug recall)
- Defective machinery
- Defective automobiles
- Food safety
- Defective airplanes
- Safety gear defects
Specific Defective Products We Are Involved With:
The majority of the claims associated with product liability are negligence,
beach of warranty and strict liability. The varying types of product liability
claims require differing elements to be proven in each case. Depending
on the nature of the defect, product liability cases can rely on a number
Defective Design: This type of claim provides that while the product functioned in the manner
that the company claimed, the design of the product itself was problematic
and defective. This claim implies a level of negligence on behalf of the
company, as a reasonable manufacturer would have known that the product’s
design was defective and thus, would have had knowledge of the product’s
potential to cause injury or even death to the user.
In the case that a hazard - the presence of a condition that may cause
injury or death to the consumer - is identified, the design engineer must
follow an accepted design protocol in order to minimize the hazardous
condition associated with the product.
Manufacturing Defect: In such a case, it is claimed the defect of the product was a result of
a failure to manufacture it properly which ultimately resulted in the
creation of a hazardous condition that caused injury or death to the consumer.
This type of product liability claim is often seen in cases where a part
broke or malfunctioned because of the use of a cheaper material that was
not adequately tested prior to distribution to the consumer.
Manufacturers’ Failure to Provide Proper Warning: In the case that a manufacturer of a product is aware and can foresee that
a product is likely to be dangerous, the manufacturer is responsible for
providing the user with an adequate warning consistent with both Federal
and industry guidelines.. Failure to provide a proper warning is grounds
for establishing liability against the manufacturer.
Contact Queller, Fisher, Washor, Fuchs & Kool Today
Every year the U.S. Consumer Product Safety Commission investigates cases
of injury cased by defective products, but thousands more go unreported.
It is imperative that if you have been the victim of an injustice, you
take steps towards preventing its occurrence in the future. Fighting large
corporations for compensation can be a lengthy and tedious process but
the experienced attorneys at
Queller, Fisher, Washor, Fuchs & Kool do their best to expedite the process.
Our cases are accepted on a contingency fees basis, that is, no monetary
recovery is expected from you unless and until our firm is able to secure
compensation on your behalf. In which cases, our legal fees are a mere
fraction of the compensation that you receive.
In that case that you, or a loved one, have sustained an injury or been
killed due to a defective or hazardous product do not hesitate to contact
the New York law office of
Queller, Fisher, Washor, Fuchs & Kool today to schedule a free consultation appointment, during which we will
assess the strength and validity of your claim. Call us today at
212-406-1700 or contact us on-line.