On a daily basis, people all over the world are using many different products that they will have purchased at a retail store or from an online retailer. Everything from sporting goods to food products, clothing to blankets, and all varieties of other manufactured products are available to the public through many outlets.
When consumers decide to make a purchasing choice, they expect that the products they intend to buy have been inspected for quality control and ensure no defects. Defective products have been to blame for many injuries to the consumers who purchased them. Those defective product victims deserve to hold the responsible party liable for their losses and damages. Now a common question is can a retailer be held liable for defective products?
When a company is held liable for the injuries caused by a defective product, it is usually done through a product liability lawsuit. Victims of a defective product must hire an experienced lawyer to help them with strict liability issues, figure out the chain of distribution, and determine if the allegedly defective product was actually to blame for the plaintiff’s injuries.
Product liability lawsuits can be extremely complicated and include many different parties, including the manufacturer, distributor, designer, marketer, and the retail stores at which the product was sold. The Consumer Product Safety Commission will also have a vested interest in the product liability lawsuit because of its obligation to keep harmful products out of the hands of consumers.
Companies must warn consumers of a dangerous product or issues with a product’s creation. Our legal duty is to help victims make sure that these companies are held responsible in a product liability case. At Gregory Spektor & Associates, our skilled personal injury lawyers have experience and expertise in class action lawsuits related to defective products and negligence claims.
If you or a loved one in Queens, New York, has sustained injuries due to an unreasonably dangerous product, your legal rights were violated, and you deserve to hold companies responsible for your losses and the medical bills and other damages related to the product defect. Our team is happy to offer you a free case evaluation to discuss your situation and the legal proceedings that will follow during the product liability lawsuit.
What Is a Defective Product Liability Lawsuit in Queens, New York?
To begin, it is important to understand what a defective product claim is and how a responsible party can be found strictly liable for injuries or a wrongful death caused by a design defect, manufacturing defect, or other negligence.
There are legal rules and regulations which will decide who is strict liability for injuries or deaths caused by defective or dangerous products. Any company or individual who played a part in the creation, manufacture, transport, or sale of a defective product may be liable for damages and injuries caused to the consumer.
The product liability case must also prove that the injured party followed the manufacturer’s adequate instructions and was not using the product in a way that it was not intended. It is important that an injured party contacts an experienced lawyer from a personal injury firm to handle the product liability claim and work to get the victim’s compensation.
The injuries you sustained from the product were caused by a defect that should have been disclosed to you by the manufacturer, distributor, and retail store from which you purchased it. With a thorough investigation completed by our attorneys at Gregory Spektor & Associates in Queens, New York, we will gather the needed evidence to prove that you were utilizing the product in its intended manner. Contact us for a free evaluation of your personal injury case.
Potential Responsible Parties in Product Liability Claims
According to the law, when it comes to filing and proving a product liability claim, there are three primary categories in which the defect could be classified. These categories include design defect, manufacturer defect, and marketing defect.
The potentially responsible parties in product liability claims can be fairly wide-ranging as well. They, of course, relate to the product defect categories listed above and how consumers may get access to the products. The following elements will be considered when it comes to who will be found liable:
Designer Defect
Before the product has even been created (even a prototype), the product’s design needs to be tested to ensure that it has no inherent defects. This is an attempt to ensure that no one is injured once they have purchased the product and begun using it. Stopping an injury before it could even reasonably occur is the designer’s goal because it would be just a matter of time before a consumer is injured once the product has been manufactured and purchased.
Manufacturing Defect
In the process of manufacturing or assembling a product, there may be defects that occur. It should be the manufacturer’s duty to inspect each product before it is boxed up and shipped to the consumer or the retail stores which will be selling the product.
Retail Store
When it comes to holding a retailer responsible for damages or losses incurred due to a defective product, it must be proven that the retailer knew a product was unsafe or defective. The Consumer Product Safety Commission may issue a recall for defective products. The retailer’s responsibility is to remove recalled products from their shelves or inform those who purchased the products what steps to take to repair or replace that item.
Wholesale and Distribution
As part of the distribution chain, the wholesaler or distributor (a “middleman”) could be held liable for the distribution of defective products, especially if they are aware of a recall or known dangerous condition of the product.
Marketing Defect
Marketing and labeling are very important for a product to come on consumers’ radar. The buyer will receive the information needed to determine if the product that has been advertised meets a particular need they have. According to the manufacturer’s instructions, the labeling also provides instructions to the consumer on the proper ways to use the product.
If the product was not labeled properly, did not provide sufficient instructions, they are misleading, or does not have sufficient safety warnings, the marketing, and labeling company could also be held liable for injuries.
Potential Injuries Associated with a Dangerous or Defective Product
The injuries that could be sustained by a consumer as a result of using a defective product really depend on the type of product. A defect in a vehicle that causes a car accident will result in very different injuries than a defect in a pair of sunglasses that do not protect the user’s eyes from the sun.
Some of the most common categories of injuries caused by defective products include:
- Electrocution
- Lacerations
- Traumatic brain injuries
- Burn
- Broken bones
- Poisoning
- Wrongful death
Those who have sustained these or any other types of injuries resulting from the use of a defective product should consult with an experienced attorney about the possibility of filing a product liability case to hold those responsible for the injuries liable. Victims may be eligible to fight for compensation for their damages and losses.
Ways an Attorney Can Help with Your Defective Product Liability Claim
Product liability lawsuits can be very complicated, especially when it comes to figuring out the chain of distribution as well as the parties who are most responsible for the injuries associated with a defective product. For this reason, it is always wise to consult with an experienced personal injury attorney who has expertise in proving product liability claims.
At Gregory Spektor & Associates, we will stand up for your rights as a victim of a defective product. There are many benefits to hiring a law firm to assist you with your product liability claim, including:
- Allowing you the necessary time to recover and heal from your injuries without having to deal with insurance companies or all of the paperwork associated with the defective product claim
- Thoroughly investigating the circumstances of the defect and making sure that all responsible parties are listed in the class-action lawsuit
- Standing up for your rights in and out of court because we will not be intimidated by any other law firms or insurance companies hired by the manufacturer, distribution center, marketing firm, or retailer
- Using our knowledge of and experience with the law to provide your case a firm foundation on which to stand
- Calling upon expert witnesses to testify on your behalf
When you have sustained injuries as a result of a defective product, you need time and energy to concentrate on the healing process. At Gregory Spektor & Associates, our attorneys will allow you to have that time while we handle everything associated with the case.
How to Prove a Defective Product Claim
Proving a defective product liability law claim can be a challenging pursuit, but it is by no means impossible. It is actually often the case that many people were harmed by the same product (or batch of a product), so it can class actions can be filed on behalf of the entire group.
In order for claims to be filed due to defective products, there must be a few criteria that are met. These include:
- The product was inherently defective by design or manufacturing, had a misleading or inaccurate label, or was marketed improperly;
- At least one consumer was injured as a result of using the product in a safe and expected manner;
- The defect within the product itself was the cause of the victim’s injuries.
If these criteria are met, then you may be eligible to file a lawsuit for the defective product. At Gregory Spektor & Associates, our legal team understands how challenging it can be to deal with the injuries and losses associated with a case like this, and we strive to alleviate some of that stress by utilizing our legal experience.
Contact our Queens, New York, law firm to schedule a free consultation with us and begin your strong attorney-client relationship with us.
Contact Our Experienced Product Liability Law Firm in Queens, New York
If you or a loved one has sustained serious injuries (or a loved one has died) as a result of a defective product, contact the legal experts at Gregory Spektor & Associates, New York. Our team has comprehensive knowledge and vast experience in all aspects of product liability cases, and we are here to put our training and skills to use on your behalf.
No individual should fear making a purchase of a product that they need because of the possibility that it may be defective. When these situations do arise, the victims deserve to fight for their legal rights as well as compensation for their losses. In some cases, victims may be unable to return to their normal life after having encountered defective products.
In addition to medical expenses, our attorneys will fight for such compensation as lost wages, pain and suffering, and emotional distress, among other things. At Gregory Spektor & Associates, we advocate for all of our clients because we believe that their stories should be heard, and the responsible parties should be held liable for their negligence.
Our personal injury attorneys provide the highest quality legal representation, and we are ready to fight for you and your family. We offer a free case evaluation, and we work on a contingency fee basis, so you do not have to worry about extra bills piling up.
Contact Gregory Spektor & Associates in Queens, New York, today to discuss your case and to find out if you may be eligible to file a defective product liability case against a manufacturer, designer, distributor, or retailer.
