Nassau County Product Liability
Unfortunately, consumers cannot always trust that the products they buy will be safe, even when the products are used as they are intended. Each day, people are injured due to hazards presented by a defective product or by an inherently dangerous product. For example, an individual can be injured when a piece of heavy machinery fails to operate as intended, resulting in a construction accident. Some of the most deadly product liability cases were based on car accidents caused by poorly manufactured vehicle. A family may have lost a loved one due to a defective scaffold, allowing their family member to suffer a wrongful death after falling in a scaffold accident. A child may suffer from a lead paint injury after playing with a dangerous toy. The lists of products that can cause a serious injury are endless, as is the list of type of accidents and resulting injuries. Although there numerous types of products, product liability law determines the product is defective based on three factors: defective design, defective manufacture and defective failure to warn. If you are in need of a personal injury lawyer because you have been harmed by using a faulty product it is important that you immediately contact an experienced Nassau County product liability lawyer who will explain to you your legal options.Types of product liability claims
Defective manufacturing of a consumer product is a common and dangerous problem. Examples of this could include a faulty construction tool or piece of machinery used in the workplace, a cracked part in a child's highchair that causes it to collapse, or a car with a defective accelerator may cause the car to randomly and unexpectedly accelerate causing a car accident. If there is a direct relationship between the product's defect and the cause of the plaintiff's injury, then a legal claim is present.
Some products are dangerous because of a faulty design. For example, a safety gate that was designed to prevent children from leaving a room was found to have a design defect. The safety latch was designed in a way that not only allowed children to easy disengage it, it also often snapped on the fingers of children, causing serious injuries.
A failure to warn claim usually involves a product has the potential to be dangerous if not used properly, or, in the case of drugs, if there are significant side effects.
For example, Big Drug Co. developed a drug that was extremely effective in helping sufferers of arthritis. The drug is called Arthodrug. Many doctors in New York and across the country prescribed the drug to their patients. Both patients and doctors were pleased with the results. There was a noticeable trend of patients who used Arthodrug suffering heart attacks. Such patients had no history of heart problems. It was later determined that there was a link between Arthodrug and heart attacks. It was also determined that Arthodrug was away of the risk and elected not to advise doctors of the risk or to list the risk on the product label.Pursuing a claim
A serious injury from a defective product affects not only your heath, but also your ability to work and your general quality of life. In addition, it can have a devastating effect on the finances of you and your family. Fortunately, through a product liability lawsuit against the manufacturer or distributor of the defective product that caused your injury you may be able to receive compensation for your losses.
- Medical Bills: Compensable medical expenses include fees related to emergency room treatment, stay at the hospital, surgery, MRIs, lab work, crutches, chiropractic treatment, medication, visits to your doctors and medical equipment.
- Loss of Income: You may be able to recover lost wages such as missed paychecks, missed bonuses and missed promotions. You may also be able to recover loss of future income potential if your injury resulted in you not be able to earn the amount of money you otherwise would have earned.
- Pain and Suffering: Whether you will be entitled to receive compensation for pain and suffering and the amount of such damages depends on the seriousness of your injuries and whether your injury is permanent. For example, if as a result of a defective product you suffer a serious burn on the side of your face which left a noticeable scar, there is a good chance that you will be awarded pain and suffering damages.
- Wrongful Death: If the defective product caused a family member to pass away, then certain members of the family may have legal recourse via a wrongful death claim.
The law agrees that victims injured by unsafe products have the right to demand compensation from the companies responsible. However, product liability cases are complicated. To ensure that your case is properly investigated and prepared, it is important that you are represented by an attorney with experience. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in successfully handling product liability cases as well as personal injury and wrongful death cases stemming from car accidents, medical mistakes, falls and workplace accidents. Give us a call at 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.