New York Product Liability Attorneys

With all of the quality testing, R&D, technology, and so forth that companies have access to, one would think that each product will arrive at your doorstep faultlessly. However, even in our modern world, that is not always the case. In 2020, nearly 11 million people were treated in emergency departments for injuries resulting from consumer products.

For example, Philips CPAP lawsuits are on the rise. They are suspected of causing cancer due to the foam in the product degrading, being swallowed by the user, and then exposing them to potentially dangerous gases and carcinogenic chemicals. This led to several users getting diagnosed with cancer and other serious health injuries. The recall was issued in June 2021 and involved an estimated 3-4 million devices that could be affected.

How to know if you have a product liability claim

In summary, if a faulty product causes harm to a person, a product liability claim could be in order.

There are several types of product defects. Here are some common ones:

Design defects: Since the beginning, the product’s design has been unsafe but was still sold to the general public. Examples include a super top-heavy car that could easily roll over or a lawnmower that does not have an automatic shutoff.

Manufacturing defects: Issues that occur in the process of creating or assembling the product. Examples of this include a tea kettle that received a hairline crack during packaging and explodes on the user.

Marketing defects: Incorrect labels, insufficient instructions, or inadequate safety warnings are part of marketing defects. Examples of this include a medication that does not state the side effects for a pregnant person.

Our New York personal injury lawyers, investigators and paralegals understand the challenges of bringing a successful product liability action. We will discuss your situation with you in complete confidence, and there is never a charge for a consultation. With more than 150 verdicts in excess of $1 million dollars and more than $1 billion in settlements for our clients, Kramer, Dillof, Livingston & Moore (KDLM) is consistently recognized for our successes. Year after year, our firm is recognized as one of the two or three top law firms for all types of plaintiff personal injury work.

Recent Cases

$20,000,000 for the injuries of two recent college graduates who suffered third-degree burns from a popular household decoration.

$2,800,000 for the injuries and wrongful death of a 41-year-old woman who was crushed to death due to an elevator malfunction that resulted from negligence by the elevator repair company and improper maintenance by the building manager.

$2,750,000 for the injuries and wrongful death of a 74-year-old man killed in a Long Island boat explosion.

Contact Our New York Product Liability Attorneys

Consumer product liability suits, industrial design faults and manufacturing defects come in many varieties. If you or a loved one has been injured by what you believe is a product design or manufacturing error, talk to us.

When injured New Yorkers want the toughest, most respected legal representation, they talk to KDLM personal injury lawyers, investigators and paralegals. We will discuss your situation with you in complete confidence, and there is never a charge for a consultation. Call us today at (212) 618-6800.

Product Liability Accidents

December 4, 2019

New York Product Liability Attorneys

product_liabilityEvery year thousands of people - adults and children alike - are seriously injured or killed due to unsafe products that find their way to market. Product designers, manufacturers, and distributors all have a responsibility to protect the public from purchasing and using unreasonably harmful products that can potentially cause serious injury.

When an individual purchases a product, they trust that they will be safe while using the product as intended. Product liability is a term used to describe the legal responsibility a company has toward an individual injured by using one of its products, and covers a broad range of instances that can occur when a product’s safety is compromised and leads to personal injury.

Kramer, Dillof, Livingston & Moore (KDLM) has a solid track record of successfully representing people who have been injured by defectively designed or improperly manufactured products. If you or a loved one has been injured by a dangerous product do not hesitate to reach out to our team of experienced product liability attorneys.

What is a Defective Product?

A defective product is any type of consumer good that does not function as intended or causes unexpected injury or illness. Each defective product claim is unique and requires complex legal strategies, investigation, and discovery. Cases can be complicated by the statute of limitation laws, multiple defendants, and high-pressure insurance companies.

KDLM has the experience and resources to help you seek compensation for product liability injuries involving a variety of defective products including:

  • Medical devices
  • Prescription drugs
  • Children’s toys
  • Household appliances
  • Industrial machinery
  • Food products
  • Furniture
  • Automotive defects
Common Injuries of Defective Products

When products do not function as intended, they have the potential to cause catastrophic injuries. These injuries can range depending on the nature of the product and what caused the injury. Common injuries that are a result of defective products include:

  • Burns
  • Disfigurement
  • Loss of limbs
  • Choking
  • Electrocution
  • Broken bones
  • Overdoses
  • Organ failure
  • Head injuries
Industry Regulations

Government regulations require companies and manufacturers to make products safe, guard against foreseeable hazards, and warn consumers about potential hazards if the product itself cannot be made safe. Laws surrounding the sale and distribution of unsafe products can vary by state and defective product cases are known to be complex as a number of parties can be held responsible for the negligence. Finding an attorney who is experienced in product liability law is important to your case.

Despite the laws and regulations set forth by the United States Consumer Product Safety Commission (CPSC) in an effort to protect the public against unreasonable risks of injury associated with consumer products, dangerous and defective products continue to reach consumers. The CPSC records data trends in product-related injuries and fatalities, reports nationwide recalls and educates the public on how to protect themselves and their family from potentially dangerous situations. The CPSC reports that in New York in 2021 there were over 600 deaths caused by consumer products and thousands more instances of injury.

What Damages can be Recovered from a Product Liability Lawsuit?

Injuries caused by defective products can be catastrophic and the resulting medical costs mount quickly and are often extensive. The company, manufacturer, and even the distributor can be considered at fault for a defective product and can be held financially responsible for damages caused by their product. If negligence caused personal injury, the potential damages include:

  • Pain and suffering
  • Emotional distress experienced as a result of the injuries and those reasonably probable to be experienced in the future
  • Disability and/or disfigurement
  • Loss of enjoyment of life and any loss of enjoyment of life reasonably probable to be experienced in the future
  • Loss of earnings and earning capacity
  • Medical expenses
  • Caretaking
Millions of Dollars were Recovered in Product Liability

KDLM has represented a number of product liability cases in New York with successful outcomes. Our attorneys understand how to approach such cases and have the resources to conduct thorough investigations and stand their ground against large insurance companies with the goal of recovering the highest possible amount in damages for their clients. Some standout cases include:

  • KDLM represented a 30-year-old woman who was badly injured when a bartender’s “flaming bar trick” went disastrously wrong. The liquor bottle he was using to fuel a pyrotechnics display turned into a flame thrower, burning the woman, who was a completely innocent bystander. KDLM sued the liquor company (as well as the bartender and bar owner), alleging that the distiller knew its product had a dangerously high alcohol content and was regularly used for “stupid bar tricks.” In addition, the KDLM team found a memo written by one of the liquor company’s executives that recognized the dangers inherent in the bottle’s design. KDLM investigators discovered that the company had considered changing the bottle design so that a flame arrestor could be added at the bottling plant and not removed by bartenders trying to impress customers and stimulate sales. But the company chose not to invest the money in the safer design, figuring that was more expensive than any liability suits they might have to defend. Ultimately, KDLM negotiated a settlement of more than $10,000,000 for their injured client.
  • KDLM represented two recent college graduates who were entertaining friends on their Manhattan apartment building’s rooftop patio. Suddenly, a popular household decoration they purchased from a well-known national retailer burst into flames. It caused third-degree burns on both men. The product liability lawsuit alleged defective design and a failure to adequately warn consumers about the product’s inherent danger. The case was settled against both the manufacturer and the retailer, just before trial, for just under $20,000,000.

Contact Our New York Product Liability Attorneys

Living in the 21st century, we might expect the products that reach our shelves to be properly designed and manufactured without dangerous defects. Unfortunately, products are recalled regularly due to dangerous design flaws, packaging concerns, and safety hazards.

If you or a loved one has been injured by what you believe is a faulty product design or manufacturing error, talk to us. Our New York personal injury lawyers, investigators, and paralegals understand the challenges of bringing a successful product liability action. We will discuss your situation with you in complete confidence. Call us today at (212) 618-6800.