New York City Product Liability
Product liability claims are based on consumers being injured by products that are not safe for their intended use. Each year thousands of products are recalled because they are dangerous. While most products that are in some way flawed do not end up harming consumers, in far too many cases such products cause consumers serious injuries or even death. Proving liability in defective product cases presents a number of challenges, such as facing a defendant that is often a large company with unlimited resources. The attorneys at the Law Offices of Stephen Bilkis & Associates have the resources, knowledge and experience to take on large manufacturers and fight for the legal rights of injured consumers. If you have been harmed by using a faulty product do not try to settle the case on your own. Contact an experienced New York City product liability lawyer who will explain your legal options for pursuing compensation for your medical bills and other losses.Pursuing a product liability claim
In order to pursue compensation based on being seriously injured by a consumer product, you must be able to establish that the product was defective, that you were injured and that the defective product caused your injury, and that you were using the product as it was intended.
In order to recover compensation in a personal injury case you must show that the product was defective. A product can have either a design defect or a manufacturing defect. If the defect is a design defect, then you must show that the design was flawed and presented an unreasonable danger to consumers. If the defect is a manufacturing defect, you must show that there was some sort of error in making the product. In either situation proving that the product was defective presents challenges that can be addressed by an experienced product liability attorney in New York City.
Another type of product liability claims is not based on a design or manufacturing defect, but based on a failure to warn consumers of the dangers of a product. In other words, because the product is potentially dangerous, the manufacturer had a duty to include a warning that would help prevent consumers from being injured.
In order to recover compensation in a product liability case, you must have suffered an injury by the defective product. It is not enough that you “might have been” hurt. For example, you are driving your car and the brakes fail. However, despite the heavy traffic on the road you are traveling, you are able to navigate the car safely to the side of a road. While that may have been a “close call,” you were not injured.
To prevail in a product liability case it is also important to show that you were using the product as it was intended or in a manner that the manufacturer could reasonable expect the product to be used. If you were using the product in a strange, outrageous manner when you suffer an injury, you may not prevail.Hypothetical
Lois was out for morning walk. It was a cool morning so she wore a hoodie. When she pulled the stretch cord on the hoodie to tighten the hood, the cord slipped from her fingers and snapped back against her face. The hard tip at the end of the cord seriously injured Lois’ eye, causing a permanent loss of sight. Lois contacted a product liability attorney in New York City to find out her options for pursuing compensation from the company that manufactured the hoodie.Contact the Law Offices of Stephen Bilkis & Associates
Whether the product was a car, toy, tool, or garment, if a consumer product caused you or a loved one harm, you may be entitled to compensation from the manufacturer or distributer. Because product liability cases are complicated and because the defendant’s insurance company will try to minimize its liability, it is important to contact an attorney experienced in litigating complex cases to ensure the best possible outcome. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in handling product liability cases as well as personal injury and wrongful death cases stemming from auto accidents, medical malpractice, slip and fall accidents and construction accidents. 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.