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
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 of claims:
- 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.
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 online.