Companies that manufacture products owe their consumers a duty to ensure the products are safe to use. When they fail to uphold this duty, and a consumer becomes injured or ill as a result, the manufacturers can be made to cover losses, like medical expenses, lost income, and other damages.
If you suffered injury from a defective product, a Sayville product liability lawyer from Gacovino & Lake can represent you in a claim against the negligent manufacturer—possibly even against distributors and retailers from whom you purchased the product.
Call Gacovino & Lake today at (631) 600-0000 for a free, no-obligation case review.
Types of Product Liability Cases
Any manufacturer or party in the supply chain of a product that causes a person to sustain injury can be held liable for the damages that person suffers. When an injured person files a claim against one of these parties, they can do so based on either negligence or strict liability.
Tort law acknowledges three forms of defects for which manufacturers and other parties in a product supply chain can be liable:
- Design defects: in New York, you, as the plaintiff, would need to prove the design was defective before it was even manufactured.
- Manufacturing defects: in this case, the dangerous defect results from production, not design. This means that not all the products are defective, rather only those flawed from the manufacturing process.
- Marketing defects: when the manufacturer does not label a product with proper instructions, or they otherwise neglect to warn consumers about inherent dangers with using the product, the company may be held liable.
Our team of product liability lawyers can work diligently to find the evidence to support your claim that the product that injured you was defective when we represent you.
Products Liability Law and Strict Liability
New York tort law stipulates that it is incumbent upon the plaintiff to prove the product that injured them is defective. However, another aspect of product liability eases some of the burden of proof for plaintiffs. It is called “strict liability.”
Other types of personal injury cases may require that the plaintiff prove the defendant’s negligence caused the plaintiff’s injury. But product liability law enforces strict liability, meaning the plaintiff may need only establish the product’s defective nature. They may not also need to prove that the defendant neglected to take reasonable care in designing, manufacturing, or marketing the product.
Parties That May Bear Liability for Your Injuries
Depending on the defective product involved in your injury, it is possible that parties other than the manufacturer could be held liable for your damages. Generally speaking, any party involved in that the transaction that put the product in your hands may bear responsibility for your injury.
Examples of possible defendants in a Sayville product liability claim include:
- The company that manufactured parts of the product
- Any organization involved in product assembly or installation
- The manufacturer of the actual product
- The product wholesaler
- The retail store from which you purchased the product
Provided that you purchased the product from a party as a function of their business, you may be able to recover damages from the seller.
A Sayville product liability lawyer from Gacovino & Lake can help you identify the potential defendants in your case. Call us today at (631) 600-0000 for a free, no-obligation case review.
Examples of Product Liability Cases
Virtually any product that causes injury when used correctly can be the subject of a product liability claim or lawsuit.
Consider these categories of products that have faced their share of time in the center of this type of legal action:
- Personal hygiene products (talcum powder)
- Play equipment (trampolines, playground equipment)
- Recreational vehicles (jet skis, go-karts)
- Auto parts (airbags, tires, seat belts, brakes)
- Electronic cigarettes (for exploding and for causing cancer)
- Medical devices/drugs (breast implants, Zantac)
- Furniture and household products (strollers, weed killers, car seats)
The list is long, with new product liability claims surfacing regularly.
Get Legal Help on Your Side
If you get a call from a representative of the manufacturer offering you a settlement, use caution—this offer could be well below the value of your claim.
When you work with Gacovino & Lake on your case, a Sayville product liability lawyer from our firm can communicate with insurance companies and assess settlement offers on your behalf. With a legal representative working on your side, you will have someone to:
- Research the full extent of your damages (past, ongoing, and future)
- Gather evidence to prove that the defendant’s product was defective
- Negotiate with insurance companies for a fair settlement offer
- Take your case to trial, if necessary
Call Gacovino & Lake today to learn more about these legal services.
Recoverable Damages in a Product Liability Case
Although every product liability case is different, there are certain types of damages that plaintiffs in these cases usually try to recover. Examples include:
- Medical expenses (past and future)
- Lost income and benefits
- Diminished future potential earnings
- Pain and suffering
- Mental anguish
- Emotional stress
If you lost a loved one due to injuries from a defective product, you may also consider taking a wrongful death action. Our lawyers can represent you in this effort.
A Sayville Product Liability Lawyer Can Fight for You
New York imposes a statute of limitations that restricts the amount of time you have to take legal action after an injury. Generally, this limitation is three years, per Civil Practice Law & Rules (CVP) § 214. The sooner you retain legal help, the sooner your lawyers can start building your case.
Our team is ready to talk to you about your case. Keep in mind that you pay us nothing unless or until we win you a settlement or award. Furthermore, your initial consultation is free.
Call Gacovino & Lake today at (631) 600-0000.
