We buy products every day with the expectation that they will work correctly. For the most part, they do. But when a product doesn’t work as intended, it can cause serious injuries. As defective product attorneys in Long Island, we’ve seen too many people injured by the things they buy, from children’s toys to heavy machinery like cars.
If you or a loved one is harmed by a defective product in New York, you have legal rights. You can make a claim against the product manufacturer to get the compensation you deserve. However, the process of filing a claim against a manufacturer can be a difficult one. That’s why it’s important to speak to a Long Island personal injury lawyer.
Since 1957, the attorneys at Carner & DeVita have helped victims who have been wrongfully injured by defective products. Call us at 631-543-7070 or contact us online today for a free, no-obligation consultation.
How Are Manufacturers Held Liable for a Defective Product?
Manufacturers are required to test their products to ensure they’re safe. As such, when you’re hurt by a defective product, you have the right to seek compensation from the manufacturer under strict liability laws.
These laws dictate that you can sue the manufacturer without proving negligence on their part. However, negligence in the design, manufacturing or sale of the defective product can strengthen your case. Note that simply buying a defective product isn’t enough; you must have been injured by the product in order to successfully file a lawsuit.
In addition to strict liability suits, you can also sue for breach of contract. This could include an actual written contract included with the product. It could also include an implied warranty, which are unspoken agreements that the product will perform as expected.
Finally, manufacturers can also be sued if they don’t warn about the risks and/or side effects of using a product. For instance, if a toy has small parts, but there’s no warning from the manufacturer about a choking hazard, you may be able to sue if your child gets injured.
To determine whether a manufacturer has sold a product that would be deemed legally defective, an engineer or other expert may need to examine the item. For that reason, it is imperative you keep the suspect product, or fully document its condition with accurate photos.
Of course, these are general guidelines. New York has specific laws regarding liability for defective products. A Long Island defective products lawyer from Carner & DeVita can review the details of your case with you. Call 631-543-7070 today for a free consultation.
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Types of Defective Product Lawsuits
Most often, defective product lawsuits are handled in state court. However, in some instances, the lawsuits are taken up to the federal level. This is most often the case when a large number of people are injured by the same product. When this happens, class action lawsuits, a.k.a. multidistrict litigation (MDLs) may be filed.
A class action lawsuit is filed when a large group of people all suffer similar injuries and it becomes impractical to file individual suits for every injured party. When the class action lawsuit is filed, evidence and other aspects of the litigation are consolidated to make a much stronger case.
If there aren’t widespread injuries related to the product that injured you, you do have the right to pursue an individual personal injury lawsuit. With proper evidence, manufacturers may be eager to settle your case quickly out of court.
Before you accept any kind of settlement, be sure you consult with a defective product attorney in Long Island. They will evaluate your settlement offer and determine whether it’s the best path forward. In some cases, they may recommend going to court instead of accepting the settlement.
If your case is taken to court, your attorney will try to gather a lot of evidence to make sure you get full compensation. This may include witness statements, medical records, expert testimony and the defective product itself. As such, it’s important to make sure you keep track of every document you can.
- Any written warranty
- Packaging the product came in
- Medical documentation of treatment received for injury
- Photos of the defective product
- And more
Your Long Island defective products lawyer will provide more information about this process and the best legal path forward.
Speak to a Defective Product Attorney in Long Island Today
At Carner & DeVita, our team of highly experienced Long Island defective products lawyers are here to help you get the compensation you deserve. For over 50 years, we’ve helped victims find justice for their injuries.
Whether you’re offered a settlement, need to take your case to court or are included in a class action lawsuit, having an experienced attorney by your side can be invaluable. Call the Long Island personal injury lawyers at Carner & DeVita today at 631-543-7070 or contact us online for a free, no-obligation consultation.