Brooklyn Defective Products
Have you been injured by a defective product?
In a civilized society, those who buy a product have an expectation that the product is safe for use. This is part of an implicit agreement between the buyer and the seller. In many countries, including the United States, this idea is taken further: the designers, manufacturers, and distributors of a product are legally obligated to ensure that their products do not present an unreasonable risk of injury or illness to consumers.
Although the phrase caveat emptor, “let the buyer beware,” is still sometimes thrown about in casual discussion, that idea does not apply to most commercial transactions in the US. When a consumer is injured by a defective product, be it a medical device, a dangerous drug, a toy, a home appliance, or anything else that should not have caused harm during normal use, that consumer is entitled to restitution from those who made and sold the product.
The range of dangerous effects caused by defective products is broad. Unsafe appliances can cause fires, carbon monoxide poisoning, and electrocution. Defective fence and pool products can lead to drowning. Negligently designed motor vehicle components can lead to accidents. Dangerous drugs and medical devices can lead to poisoning, physical and psychological suffering, repeated unnecessary medical procedures, and even death. And unsafe toys can lead to injuries and deaths among children.
Proving that a defective product is the cause of an injury is not always easy. To establish liability, a consumer must prove that the injury was caused by a defect in the product as a result of negligence somewhere in the journey of that product from design, through manufacture, down to its distribution and sale. Working with a Brooklyn lawyer with defective product experience improves your chances of recovering damages for medical expenses, lost wages, and other costs associated with an injury.
A few categories of defect are responsible for most injuries to consumers. They are:
– Design defect: was the product known to be unreasonably dangerous at an early stage?
– Manufacturing defect: did errors in production or assembly make the product dangerous?
– Failure to warn: were potential risks not presented clearly?
– Marketing misrepresentation: did the seller know, or should the seller have known, that a product was unreasonably dangerous, or was the product misrepresented?
Brooklyn Attorneys With Defective Product Experience
Most injury claims involving defective products need to be filed within a certain period of time, either from the launch of the product or its purchase by an injured consumer. In New York, claims usually must be made within three years of an injury. If a defective product has caused injury to you or a family member, it’s best not to delay. Call Kuharski, Levitz, & Giovinazzo to find out what we can do for you.