Abogado de Responsabilidad por Productos de la Ciudad de Nueva York

Dedicated New York Product Liability Attorneys on Your Side

Manufacturers have a responsibility to make safe products. If they fail in this duty, they must be held accountable for the harm they cause. New York product liability attorneys at the Jacob D. Fuchsberg Law Firm fight for the rights of consumers injured by dangerous products.

Our lawyers have the knowledge and resources to build a strong case against the liable parties. We'll investigate the defect, demonstrate its link to your injuries, and aggressively pursue the full compensation to which you're entitled.

Meet Our Attorneys

How We Fight for Your Rights After a Defective Product Injury

We're here to shoulder the burden of seeking justice after a defective product injury and fight tirelessly for your rights.

Here's how we'll advocate for you:

• Thorough investigation: We'll leave no stone unturned, examining the circumstances of your injury and all potential avenues for holding the responsible parties accountable.
• Building a powerful case: We work with experts to build a compelling case demonstrating the defect and its direct link to your injuries.
• Demanding full compensation: We'll fight for every dollar you deserve, including medical expenses, lost wages, pain and suffering, and the cost of any long-term impact the injury may have on your life.
• Aggressive negotiation and litigation: We won't back down from securing a fair settlement, and we're prepared to take your case to trial if necessary.

Our goal is to give you the resources and the peace of mind to focus on healing while we tenaciously pursue the justice you deserve.

Types of Product Defects

There are several ways in which a product can be defective. Determining where in the course of its creation and sale, it was contaminated, broken, or poorly designed is vital to holding the correct parties liable for your injuries.

• Design defects: The entire product line is inherently dangerous due to a flaw in its design.
• Manufacturing defects: An error occurred during the manufacturing process, making a specific product or batch of products unsafe.
• Failure to properly instruct: The product lacked sufficient instructions or warnings about potential risks.

When you work with a product liability lawyer, they will thoroughly investigate your case to identify the juncture at which the product that injured you was rendered unsafe for use. Gathering evidence about the type of defect it had will help your lawyer argue your case more effectively.

Product Liability Cases We Litigate in New York

Product liability cases generally fall into two categories: mass torts and class-action lawsuits. Both types of legal actions involve large groups of people who were injured similarly by the same product issue, as well as their respective attorneys. Each type of legal action allows plaintiff attorneys to share resources.

Dangerous Drugs

When a doctor prescribes a medication, patients expect the drug to be safe and effective. Unfortunately, incomplete or poorly conducted testing can lead consumers to suffer irreparable harm from dangerous drugs intended to improve their health.

For example, a medication called Elmiron was created to treat internal cystitis (IC), but it also causes pigmentary maculopathy, an eye condition that causes progressive blindness.

Other medications with undisclosed risks and side effects, such as blood thinners, antidepressants, and pain medications, can also be the subjects of product liability cases.

Defective Medical Devices

Like medications, medical devices are expected to undergo extensive testing and revision to ensure their safety for consumers.

Some examples of defective medical device cases include:

• Exactech: This manufactures a liner used in hip and knee replacements found to have a poorly sealed vacuum bag, which led to revision surgery in many patients.
• Transvaginal mesh: This is used to treat leaking bladders and pelvic floor problems in women, but it’s alleged to cause scarring, internal bleeding, and organ damage.
• Philips CPAP, BiPAP, and ventilator devices: These machines were alleged to be made with toxic foam, causing cancer from excessive exposure.

Other defective medical implants, devices, and equipment that can cause injury include hip replacements, surgical mesh, and pacemakers.

Contamination and Toxic Chemicals

Sometimes, products that would otherwise be safe are contaminated with dangerous substances during the manufacturing process or in transit. Occupational hazards that are not properly dealt with or disclosed can also be the subjects of personal injury cases.

• Talcum powder: Baby powder containing talc is alleged to have been contaminated with asbestos, which led to uterine and ovarian cancers and mesothelioma.
• TCE exposure: TCE is a known carcinogen that many workers at Brookhaven National Laboratory (BNL) were exposed to.
• Roundup: Roundup is a popular commercial weed killer that contains chemicals that cause non-Hodgkin’s lymphoma and other various types of cancer.
• Camp Lejeune: Military service members and families stationed at Camp Lejeune from the mid-1950s to 1980s may have been exposed to toxic chemicals, leading to several cancers.
• Toxic baby formula (NEC): Similac and Enfamil, two major infant formula manufacturers, have batches of formula with contaminated cow’s milk, causing babies serious digestive diseases and NICU care.

Discovering that you or a loved one has been injured by toxic chemicals can be devastating. We can work on your behalf to obtain the compensation you deserve.

Defective Machinery and Heavy Equipment

Complex machinery can be dangerous to operate under the best conditions. When there is a manufacturing defect that renders equipment inoperable or unpredictable, serious bodily harm can result.

• Defective automobiles: Problems with the brakes, steering, airbags, and seat belts may cause collisions and prevent the driver from being protected upon impact.
• Defective machinery: Nail guns that misfire, unsafe forklifts, or other problems with equipment and machinery can harm the user and others around them.
• Defective aviation equipment: Problems with engines, propellers, or the design of the fuselage may render an aircraft fundamentally unstable and unsafe.
• Defective boats and maritime equipment: Boating accidents, such as boat fires and leaks, can be tragic, leading to permanent brain damage or accidental drownings.

Other defective household products, children's products, workplace equipment, and more, such as faulty appliances, dangerous toys, and unsafe tires, can cause lasting injuries and illnesses.

What Types of Injuries Can Defective Products Cause?

The range of injuries consumers can experience due to defective products is vast. Depending on the way in which the product was defective and its intended purpose, injuries may include the following.

Brain Injuries

The brain is particularly delicate and can be damaged in a variety of ways. Defective helmets, unsafe toys, or malfunctioning airbags can lead to traumatic brain injuries (TBI) and permanent neurological damage.

Cardiac and Cardiovascular Injuries

Certain medications with undisclosed side effects might cause heart attacks, strokes, or other serious cardiovascular events.

Eye Injuries

Defective power tools, faulty projectiles in toys, or chemical splashes due to improper packaging can cause blindness or severe eye damage. Loss of vision can have significant negative impacts on a person’s life. Obtaining compensation can allow victims to pay for rehabilitation and accessibility tools.

Paralysis Injuries

Defective auto design, medical device malfunctions, or unsafe construction equipment can lead to spinal cord injuries, resulting in partial or complete paralysis. Long-term medical and rehabilitative care may be needed for paralysis and other catastrophic injuries.

Amputations

Severely defective machinery, power tools without proper guards, or explosions caused by faulty products can result in the loss of limbs. Amputations can significantly change a person’s lifestyle and result in the inability to work and earn income.

Burn Injuries

Faulty wiring in appliances, flammable materials in furniture, or improperly designed devices can cause severe burns. Pain, disfigurement, and loss of function in extremities can limit a person’s ability to live life as they once did.

Broken Bones and Fractures

Defective chairs, ladders, exercise equipment, or vehicle parts can collapse or break unexpectedly, leading to fractures. Bone injuries may require victims to take time off work or pay for childcare while they recover.

Hip Injuries

Defective medical implants (like hip replacements), unsafe mobility devices, or falls due to faulty products can cause serious hip damage that reduces quality of life and increases medical costs.

Knee Injuries

Poorly designed sports equipment, defective car pedals, or unstable flooring can lead to torn ligaments, dislocations, or other severe knee injuries.

Chest Injuries

Defective airbags, improperly designed seat belts, or impacts from faulty products can cause cracked ribs, internal bleeding, or organ damage.

What Makes a Valid Product Liability Claim?

If you've been injured by a defective product, you might be entitled to compensation.

To have a valid product liability claim in New York, you generally need to prove the following:

• There was either a design flaw, a manufacturing error, or a failure to provide adequate warnings or instructions.
• The product's defect directly led to your injuries.
• You have physical injuries, medical expenses, lost income, or other losses due to the defective product.

How Do You Prove the Product Was Defective?

Proving a product liability case often involves a thorough investigation and may require expert testimony.

Here are key ways your product liability lawyer at the Jacob D. Fuchsberg Law Firm can help build your case:

• Examining the product: We'll analyze the product itself, looking for signs of malfunction, defects, or damage that could indicate the cause of your injury.
• Investigating the circumstances: We'll review the details of how the incident occurred, including witness accounts and any available documentation.
• Consulting with experts: We may work with engineers, medical professionals, or other specialists to analyze the product's design, manufacture, and potential hazards.
• Demonstrating similar incidents: We may research whether others have experienced similar injuries with the same product, indicating a pattern of defects.

Don't try to do this alone! Product manufacturers often have substantial resources to defend themselves. Our New York City product malfunction lawyers have the knowledge and determination to uncover the truth and fight for your rights.

How Is Liability Established in Product Liability Claims?

In a product liability case, you must establish that one or more parties in the chain of manufacturing and distribution are responsible for your injuries.

Depending on the defect, liable parties could include:

• The manufacturer: The company that designed and/or made the product.
• The distributor: A company involved in transporting or warehousing the product.
• The retailer: The store or seller who provides the product to the consumer.

Proving Liability

Your New York product liability lawyer will need to demonstrate that the liable party was negligent or that the product falls under "strict liability." Strict liability means the product was defective, regardless of whether the company was intentionally negligent.

Damages You May Be Eligible for in a Product Liability Claim

When a defective product causes harm, victims deserve full compensation for the losses they've suffered.

Our New York product liability attorneys at the Jacob D. Fuchsberg Law Firm will fight to secure damages that may include:

• Medical expenses: Costs related to hospitalization, surgeries, medication, doctor visits, and ongoing or future medical care.
• Lost wages and income: Compensation for earnings lost due to the injury, along with any impact on your future earning capacity.
• Pain and suffering: Compensation for the physical and emotional suffering caused by the injury and its aftermath.
• Loss of enjoyment of life: Acknowledges the impact of the injury on your ability to engage in previously enjoyed activities and relationships.
• Punitive damages: In rare cases where the company's conduct was extremely reckless or malicious, punitive damages may be awarded.

To ensure you file for all qualifying damages, work with a reputable product liability attorney.

How Long Do I Have to File a Product Liability Lawsuit in New York?

In New York, the statute of limitations for most product liability lawsuits is three years from the date of the injury. However, there are some important exceptions.

If your injury wasn't immediately apparent, the clock may start ticking from the date you discovered the injury or reasonably should have discovered it. Additionally, if the injured person is a minor, the statute of limitations may be extended.

If I Am Part of a Mass Tort or Class Action Suit, Will I Still Get a Settlement?

Whether you'll receive a settlement in a mass tort or class action suit depends on several factors.

In mass torts, each individual case is still assessed separately. If your case is successful, you'll receive a settlement based on the severity of your injuries and losses. However, mass torts can take longer to resolve than individual lawsuits.

In a class action, the settlement is usually divided among all class members. While individual payouts might be smaller, class actions can be a way to hold companies accountable and achieve some compensation when individual lawsuits would be impractical.