Too often, product manufacturers will look to cut costs, even if the quality of the product suffers. And when the product suffers, the consumer can end up suffering even more. Injuries and even death can occur when consumers use dangerous or defective products that they believed were safe. When that happens, companies should be held responsible for their wrongdoing.
Product liability claims arise when a person is injured by a defective or otherwise dangerous product. In New York, products liability claims are viable only if the resulting injury stems directly from a manufacturing defect. Morgan & Morgan attorneys in New York have experience with these claims, and may be able to help you as well.
Defective products or drugs can lead to considerable financial loss, serious injury, and even death. If you or a loved one is dealing with the fallout of an injury caused by a defective product, you may have more options than you realize. To learn more, contact Morgan & Morgan for a free case evaluation.
Examples of Recent Product Liability Claims
- Forced Place Flood Insurance
- Unfair Overdraft Protection Fees
- Home Equity and Commercial Lines of Credit (HELOC)
- Adjustable Rate Mortgage Interest Rates
- Transvaginal Mesh
- DePuy ASR Hip Implant
- Shoulder Pain Pump
- Fluidmaster No-Burst Supply Lines
- Electrolux Dryers
- Frigidaire Dishwashers
Types of Product Liability Claims
New York’s Consumer Protection Law is designed to help people against things like defective products, regulating business practices to try and ensure quality. Should a manufacturer go against this law and you get injured as a result, Morgan & Morgan may be able to help you receive compensation.
There are many different forms of product liability. Generally, though, they fall into four different wider types of claims, all of which Morgan & Morgan attorneys have experience with.
The four categories of product liability claims are:
Defectively Manufactured Product: A defectively manufactured product is one which contains a flaw not in its blueprint design, but rather in its individualized manufacturing. In other words, the defective product is different from the other ones on the shelf due to a unique error in its production. As with any New York product liability case, persons wishing to file a claim involving a defectively manufactured product must be able to show that there was a defect, that the defect caused their injuries, and that their own negligence did not play a part.
Defectively Designed Product: Defectively designed products are those with inherently dangerous or defective design models. Unlike defectively manufactured products, in which only singular instances of the product are faulty, products with a design defect contain an error in their engineering or blueprints. In these cases, the entire line of products is defective and/or dangerous.
Marketing Defects: Marketing defects claims typically involve products that have been falsely or incorrectly advertised. Most commonly, these types of claims are filed against pharmaceutical companies who advertise that a drug or medical product can be used in an unapproved and dangerous function, or a company that claims its product is safe when they are aware that it is not.
Failure to Warn or Instruct: Claims concerning the failure to warn or instruct are typically filed against manufacturing companies that neglect to provide adequate warnings, instructions or any otherwise necessary information about a product which deviates from the commonly marketed model. If the average customer believes a product should behave a certain way and it does not, the manufacturer has a responsibility to notify the customers of the difference to avoid problems.
Contact Morgan & Morgan New York, PLLC Today
If you or a loved one has been seriously hurt by the negligence and carelessness of a manufacturer, don’t wait to contact us. You could be owed more in compensation than you realize. Our New York attorneys work on a contingency fee basis; we don’t get paid unless we win your case.
To learn more, fill out our review form for a free case evaluation.