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Product Liability

Product Liability

Dangerous products find their way into the marketplace every year The United States Consumer Product Safety Commission recalls hundreds of products annually and removes millions of items from markets across the country. The unfortunate reality is that consumer injury is common, and when a defective or dangerous product injures people who have placed their trust in both the product and the manufacturer, they have the right to pursue fair and full compensation for their losses. Lawsuits that pursue such just compensation are called product liability claims and we have specialized for going on 29 years.

 

If you or someone close to you has been injured by any type of product, you should speak to a New York personal injury lawyer about the possibility of pursuing a product liability lawsuit. The skilled New York product liability lawyers of Kaplan and Kaplan, P.C.  can assist you in bringing a lawsuit seeking financial compensation for your injuries.

If you have been injured using a consumer product, the manufacturer of the product may be responsible. Contact us by calling 844-KAPLAN LAW (527-5265) today for capable and committed legal representation.

How We Can Help

By retaining the services of our firm, you will stand a better chance of reaching a successful outcome. Our team will work with you to prove that:

  • The product was in a defective condition, and unreasonably dangerous even if used in the way it was intended to be used.
  • The defect caused the injury.
  • You suffered physical, emotional, or financial harm.
  • The danger was not open and obvious.

Injuries that arise from potentially dangerous and defective products include, but are not limited to, the following:

Defective Pharmaceutical Products

Millions of prescriptions for medications are written each year to help cure or ease the effects of an illness or disease. While most pharmaceutical products are safe and effective, there is always a chance that these products could harm users. Too often, drug companies put their corporate profits and shareholders ahead of patient safety. Recent recalls have shown that the FDA, which is supposed to ensure pharmaceutical safety, often fails to prevent dangerous drugs from hitting the market.

Many people do not research the drugs that their doctors are prescribing. People seldom think that drugs prescribed by doctors will do any harm. However, over the last few years several drugs have illustrated why it is so important to know what medications you are putting into your system. Kaplan & Kaplan, P.C. is committed to helping the victims of dangerous prescription medications. Through a successful pharmaceutical defects’ lawsuit, you may be able to recover compensation for medical bills, prescription drug costs, and other losses you have suffered because of a dangerous drug.

Defective Food Products

Food products go through a long, complex process to get from the field or farm to consumer. Throughout this entire process, it is crucial that everyone involved in food production, distribution, and preparation takes care to avoid any possible contamination or food spoilage. If a food product is not handled properly at any of these steps, it may lead to the spread of food-borne illnesses that can cause serious health problems for consumers, potentially warranting expensive medical care and time away from work to recover.

As many food items are distributed nationwide, a single error in food production can cause thousands or even millions to sicken before public health officials are aware of the danger. To prevent these mistakes and keep consumers safe, food producers, distributors, and vendors must adhere to important food-handling safety precautions. From food producers to chefs, everyone in the chain of food production has a duty to consumers to uphold food safety regulations. Failure to do so puts innocent people at risk of severe illnesses.

Defective Vehicles

Automotive designers and manufacturers are responsible for providing customers with safe, well-functioning vehicles that will not pose serious safety risks. Because of the considerable power and force associated with motor vehicles, even small defects can have far-reaching consequences. However, not all automobile producers are as careful as they should be, leading to an estimated 600 auto recalls per year. Sadly, though, not all recalls occur in time to protect innocent consumers from devastating car accidents. If a person is injured because of a defective vehicle, the designer or manufacturer at fault may be held accountable for the costs associated with that individual’s injuries.

Vehicle producers are held to high safety standards and, according to the law, can be held responsible if these standards are not met. Whether subpar safety testing, dangerous manufacturing practices, or other such factors contributed to an auto defect, these mistakes can threaten the safety and lives of drivers and their passengers.

Defective Children’s Products

Designers and manufacturers of children’s toys and products have a responsibility to consumers to thoroughly test these items before distribution. If they fail to do so, innocent children can suffer catastrophic injuries or even death. In these situations, parents are legally entitled to file lawsuits against the negligent company at fault for the flaw, allowing them to fight for compensation to cover their children’s medical bills and other damages. Considering that these injuries can affect a child well into adulthood, these claims can be important for handling long-term medical expenses.

Products specifically created for children must be carefully designed, manufactured, and tested to prevent devastating accidents such as choking or exposure to toxic substances. Unfortunately, however, the following defects are common in children’s products and lead to thousands of recalls every year. Parents should not be forced to cover the costs of their children’s injuries without full and generous remuneration from the party at fault for the damages.

Defective Construction Equipment

Not only should workers on a construction site be able to trust that their tools and vehicles will work properly, but so too should passersby, as they can all suffer serious injuries if these pieces of equipment malfunction. Because of the extreme danger construction equipment can pose, every piece ought to be built and tested adequately by the product’s manufacturer, reducing the possibility of a serious malfunction from occurring.

If a worker or innocent passerby is injured because of a defective piece of equipment, that machine’s manufacturer may be held liable due to their negligence in allowing such hazardous equipment to be released. In these cases, injured claimants must simply prove that the product was responsible for the injury, and the manufacturer may be financial responsible as a result.

 

Should you have the misfortune of being hurt by a flawed product, it is important for you to retain the product as evidence. Note everything you can, including the original packaging, manual, and receipt or invoice. Contact our NY personal injury lawyers as soon as possible after your injury.  A New York injury attorney at our firm can assist you with properly preserving the evidence that may be required to prove your case.

Contact Us

To get started, please call 844-KAPLAN LAW (527-5265) or send us your information online. Your initial consultation is completely free and confidential, and you do not pay any legal fees or costs unless we help you recover just compensation.

Kaplan & Kaplan P.C. Brooklyn Medical Malpractice, Nursing Home Abuse & Product Liability Serving all of Brooklyn, Bronx, Queens, Manhattan, New York City, Westchester, Long Island, Melville, Nassau County, Suffolk County and New York State.

 

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