Personal Injury Law Firm In NYC

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Product Liability
Queller, Fisher, Washor, Fuchs And Kool And The Law Office Of William A. Gallina, LLP

PRODUCT LIABILITY ATTORNEY NEW YORK

Product Liability

Our product liability attorneys in New York can bring corporations who sell defective products to justice. These large corporations are responsible for selling a plethora of products to consumers each year and in turn, collecting billions of dollars in profits. According to New York State law, corporations have a legal and moral obligation to ensure that their products are safe for use and consumption and are not defective in any manner. If a defective product sold to an unknowing consumer causes an injury, then the manufacturer may be held liable.

The product liability attorneys at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP have over 60 years of collective experience litigating product liability claims. Our firm has the knowledge, experience and resources to ensure that our clients receive the maximum possible compensation that they deserve.

When Are Product Manufacturers Liable For Defects?

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 corporations provide a proper warning. If corporations fail to provide the aforementioned warnings and knowingly 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 occur 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.

What Types Of Product Liability Claims Do You Handle?

Our product liability attorneys litigate a number of claims including but not limited to:

  • Defective Or Recalled Drugs
  • Defective Medical Devices
  • Defective Machinery
  • Defective Automobiles
  • Defective Airplanes
  • Safety Gear Defects
  • Food Safety

The majority of the claims associated with product liability are negligence, breach 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 of claims:

Product Design Defects

Product Design Defects

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 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.

Failure To Warn Defects

Failure To Warn Defects

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.

Manufacturing Defects

Manufacturing Defects

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.

Contact A Product Liability Attorney Today

Every year, the U.S. Consumer Product Safety Commission investigates cases of injury caused 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 our experienced product liability attorneys do their best to expedite the process.

Top Product Liability Attorneys In New York

Our attorneys are recognized as leaders in New York product liability trial law. 6 of our attorneys have achieved AV Preeminent status with Martindale-Hubbell representing the highest ranking for ethical standards and legal ability. 5 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.

Our Notable Verdicts & Settlements In Product Liability Cases*

Our product liability attorneys in New York have recovered millions of dollars for our clients. Some of our more notable verdicts and settlements include:

$2.8 Million
A verdict was awarded to Juan M. after a defective product caused serious and debilitating injuries.
$1.7 Million
A 46-year-old Bronx man recovered a settlement of $1.7 million after a portion of his hand was severed due to a defective meat packing machine.
Product Liability Attorneys

How Do I Schedule A Consultation With Your Product Liability Attorneys In New York?

If you or someone you love has suffered an injury due to a defective product, you may be entitled to compensation. For a free consultation with our product liability attorneys in New York, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, French and Chinese.

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NEW YORK CITY
212.406.1700

BRONX
718.892.0400

NEW YORK CITY
lOCATION

233 BROADWAY
#1800
NEW YORK, NY 10279

212.406.1700

BRONX
lOCATION

1250 WATERS PLACE
SUITE 708
BRONX, NY 10461

718.892.0400

Queller, Fisher, et. al., LLP
Personal Injury Lawyers Serving NYC

*PRIOR RESULTS CANNOT AND DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME WITH RESPECT TO ANY FUTURE MATTER, INCLUDING YOURS, IN WHICH A LAWYER OR LAW FIRM MAY BE RETAINED. VERDICTS ARE SUBJECT TO REDUCTION AND MODIFICATION ON APPEAL.

*AV PREEMINENT AND BV DISTINGUISHED ARE CERTIFICATION MARKS OF REED ELSEVIER PROPERTIES INC., USED IN ACCORDANCE WITH THE MARTINDALE-HUBBELL CERTIFICATION PROCEDURES, STANDARDS AND POLICIES. MARTINDALE-HUBBELL IS THE FACILITATOR OF A PEER REVIEW RATING PROCESS. RATINGS REFLECT THE CONFIDENTIAL OPINIONS OF MEMBERS OF THE BAR AND THE JUDICIARY. MARTINDALE-HUBBELL RATINGS FALL INTO 2 CATEGORIES: LEGAL ABILITY AND GENERAL ETHICAL STANDARDS.