Manhattan Defective Product

When a consumer uses a productive that is in some way defective, the consumer is a risk of suffering a serious injury. In fact, there have been many cases in which victims have died as a result of defective products. Practically any type of product can be defective. For example, a products that have in recent years have been recalled because of defects include medication that is somehow tainted, cars with mechanical problems, and toys pained with lead paint. There are three categories of defective products: manufacturing, design, and warning. If you have been injured by a defective product, the law allows you to demand compensation from the manufacturer of the product or from the store that sold the product by filing a product liability claim. This compensation can include your lost wages if you were unable to work because of your injuries, your medical bills and pain and suffering. If you or a family member suffered serious injuries by a defective product, it is critical that you immediately contact an experienced Manhattan defective product lawyer who will review the facts of your case and who will aggressively pursue damages on your behalf to compensate you for the losses you suffered.

Types of defective product claims

Defective product claims fall into three categories: failure to warn, manufacturing defect, or design defect.

  • Failure to warn: While some products are generally safe when used as intended, they may be very unsafe under very particular circumstances. For example, there are countless prescription and over-the-counter medications that can be harmful and even deadly if used by consumers with certain pre-existing conditions. Manufacturers must include warning statements in the packaging of the product. If someone is harmed as a result of the failure to include a warning, then the manufacturer may be liable.
  • Manufacturing defect: Manufacturers have a duty to make their products according to specifications so that the end product is safe for consumer use. A breakdown in the manufacturing process can mean that a product that would otherwise be quite safe suddenly has the potential to cause harm to consumers.
  • Design defect: Based on their design, some products should have never hit the consumer marketplace. Such products are dangerous not because of some manufacturing problem, but because their design was flawed. For example, a manufacturer should ensure that a toy oven for kids is designed so that it does not get so hot that it burns users.
Damages for a defective product injury

Under New York law if you are seriously injured because of an unsafe product, you have the right to ask the manufacturer, distributor, retailer or all of them to pay you for the losses you suffered including past and future medical expenses, lost income and benefits, and pain and suffering.

  • Medical bills: All past and future medical expenses related to treating the injury caused by the unsafe product such as the emergency room, hospital, MRIs, x-ray, CT scans, other diagnostic tests, surgery, prescription and over-the-counter medication, medical equipment, assistive technology, rehabilitation and physical therapy.
  • Lost income: This includes all types compensation that you lost or were unable to earn because you were not able to work such as your hourly wage, annual salary, vacation days, sick days, comp time, bonuses, promotions, and other benefits you lost. Even if you were self-employed, you can demand payment for the self-employment revenue that you missed on because you were recovering from your injuries.
  • Pain and suffering. This includes compensation for physical pain caused by the injury as well as permanent physical damage such as disfigurement or scarring. It also includes mental suffering such as depression, inability to sleep, and anxiety.

If the injury you suffered from a dangerous is so severe that you will not be able to return to work for at least 12 months, you may be entitled to Social Security disability benefits.

Contact the Law Offices of Stephen Bilkis & Associates

If you were seriously injured by a dangerous product, you may be able to recover damages from the manufacturer, the distributor, or even the retailer from where you purchased the unsafe product. However, defective product cases are often quite complex and determining legal fault often requires the review of a great deal of complicated evidence and the testimony of experts. It is important to contact an attorney experienced in product liability cases who has the resources to ensure that your case will result in the best possible outcome. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in handling complex personal injury and wrongful death cases. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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