Nassau County Defective Product
When consumers purchase cars, toys, food, medication, furniture, and other products, they expect them to be safe to use. They do not expect to get sick, be injured, or die simply from using the product. There are many reasons that products are unsafe. In some cases they were designed poorly. In other cases they were manufactured in a negligent manner. In still other cases consumers were not warned of the proper use of the product. Sadly, over the years thousands of people of have died and even more have been seriously injured because a negligence in the manufacture, design, or labeling of consumer products. Defective products can lead to serious injuries. For example, defective vehicles have lead to car accidents in which victims suffered brain injuries, broken bones, head injuries, back injuries, and spinal cord injuries. Defective medical devices and poor labeling of medications have lead to many deaths. If you are in need of an injury attorney because you believe your serious injury was caused by a defective product it is important to immediately contact an experienced Nassau County product liability lawyer who has the experience and resources necessary to hold the negligent party legally and financially accountable.Types of defective products
A defective product claim will typically stem from any of the following problems:
- Failure to warn: Companies such as manufacturers, distributors and retailers have the duty to warn consumers through proper labeling of any dangers or side effects. For example, if a medication is dangerous for people with specific medical conditions, consumers must be warned.
- Manufacturing defect: Manufactures must take care to product products in a safe manner. Thus, if in order to save money the manufacturer used a less expensive less safe product and as a result the product failed, then the manufacturer would be liable for injuries suffered as a result.
- Design defect: Companies must design products so that they are safe. For example, if a car manufacturer designed a vehicle with a gas tank positioned in a manner such that it would likely ignite in a collision, the car company would be liable for injuries that result.
Examples of products that have caused injury or death include:
- Cars and other vehicles. There have been numerous defective car case of the years involving thousands of injuries and deaths. Defects have involved anti-lock brakes, gas pedal problems, seatbelt problems, faulty ignitions, placement of gas tanks, airbags, and propensity of rollover.
- Baby cribs. Sides of cribs were designed such that there was a gap between the side and the mattress that lead to suffocation danger.
- Baby formula has lead to death and illness due to impurities in the formula. In one case melamine was added to formula purportedly to make it more nutritious.
- Tires. Thousands of tires were recalled in the early 2000s due to a problem with tread separation. Nearly 175 people were killed and nearly 700 were injured.
The types of injuries that can be caused by a defective product vary greatly depending on the type of product. Anything from burns, brain injury, back injury, broken bones, or a head injury may be caused be caused by an accident caused by using a defective product. These injuries can be not only serious, but permanent in some cases. If you have been injured by a defectively made or defectively designed product, you may no longer be able to work or care for yourself, or enjoy life that way you knew before. New York law gives you rights, and one of those rights is to pursue a legal claim against the negligent party, including the manufacturer, retailer, or wholesaler of the product.Your right to compensation
If you have been injured because of a defective vehicle, medical device, or other consumer product, you have the right to demand that the company that made the product compensate you for the losses you suffered. The amount of compensation that you may be entitled depends on the specific facts of your case. However, the types of compensation you can demand include:
- Medical expenses such as fees for the ambulance, emergency room, hospital, visits to your doctor, medication, medical equipment, rehabilitation, and home health care.
- Lost wages including lost weekly or monthly pay, lost bonuses, missed promotions, and lost benefits. You can also sue for loss of future earning capacity.
- Pain and suffering includes both physical pain as evidenced by the type of injuries you suffered and treatment required, and emotional suffering as evidenced by testimony from therapist, friends and family.
While consumer products, medical devices, and medications should be safe, far too often they are not. If you believe that you or a loved one was injured because a product you used was defective, then you have the legal right to pursue compensation from the negligent company. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in handling personal injury and wrongful death cases stemming from the use of defective products. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We will explain your legal options for moving forward with your claim. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.