White Plains, NY

Product Liability Lawyer

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Martin+Colin P.C. | New York's Product Liability Lawyer

Every year, thousands of people across the United States are injured by unsafe products. From household appliances and power tools to toys, pharmaceuticals, medical devices, and motor vehicles, dangerous products can cause serious harm to anyone who uses them. 

Insurance carriers work hard to pay as little as possible on product liability claims. You need an experienced personal injury lawyer in your corner: one who comes prepared to investigate the product defect, identify every responsible party, and file a lawsuit when the manufacturer refuses to pay. 

If you or a loved one has been hurt by a defective product, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other losses. Whether your injury involves a design or manufacturing flaw, or a manufacturer's failure to warn consumers about known risks, our personal injury attorneys can help evaluate your case and pursue the recovery you deserve.

Why Choose Martin+Colin, P.C., New York Product Liability Lawyers?

Product liability cases require a sophisticated understanding of New York's product liability laws, federal product safety standards, and the strategies large corporations and their insurance company representatives use to deny responsibility. A skilled product liability lawyer levels the playing field. 

The legal team at Martin+Colin, P.C. stands ready to represent people injured by defective consumer goods, dangerous medical devices, and other hazardous products, and to see each personal injury case through to a full and fair resolution. We are also prepared to bring muerte por negligencia claims on behalf of families who have lost a loved one to a dangerous product.

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    What is Product Liability?

    Product liability is the area of law that holds manufacturers, distributors, suppliers, and retailers responsible when a product they place into the stream of commerce causes injury to a consumer. The defective product may be anything from a household blender or a children’s car seat to a prescription drug, medical device, or industrial machine. The product, as designed, manufactured, or marketed, must be unreasonably dangerous and have caused harm.

    New York recognizes strict liability for defective products, which means the manufacturer can be held responsible regardless of how careful it claims to have been. Under New York law, an injured person generally does not have to prove that the manufacturer acted negligently to recover compensation. Whenever a defective product causes injury, the companies that designed, made, distributed, and sold it must be held accountable. 

    A serious injury caused by a defective product can have devastating effects. Physical injuries may require surgery, physical therapy, long-term medication, and ongoing medical care. The injured person may be unable to return to work in the same capacity, resulting in lost wages and a diminished earning capacity. In the most tragic cases, families lose a loved one.

    “How long do I have to file a product liability case?”  
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    The statute of limitations for product liability claims in New York is generally three years from the date of injury. If you believe you or a loved one was injured by a defective product, do not wait to seek legal counsel.

    The Three Main Types of New York Product Defect Cases

    New York law recognizes three primary theories under which a product liability claim may be brought. A defective product may fit into one or more of these categories.

    Design Defects
    A design defect case can be brought when a product’s design itself is unreasonably dangerous, even if it was manufactured exactly as intended. Examples include a vehicle with a tendency to roll over, a power tool without an adequate guard, or a medication with side effects that outweigh its therapeutic benefit. In these cases, every product produced from the same design carries the same hidden danger.

    Manufacturing Defects
    A manufacturing defect occurs when a specific product departs from its intended design due to an error in production, assembly, or quality control. Examples include a contaminated batch of medication, a bicycle frame with a hidden crack, or a tire with a separation between its layers. The product, as designed, may be safe, but the particular unit that caused the injury was not.

    Marketing Defects
    A marketing defect, sometimes called a “failure-to-warn defect,” exists when a manufacturer fails to provide adequate warnings or instructions about a foreseeable risk associated with the product. Examples include a prescription drug without a warning about a known side effect, a cleaning product without proper handling instructions, or machinery without clear safety labels.

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    Common Types of Defective Product Cases

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    Defective Motor Vehicles & Auto Parts

    Tires that separate, airbags that fail to deploy, seatbelts that release on impact, accelerators that stick, and fuel systems that ignite on collision can all turn an ordinary drive into a catastrophic event. Auto defects frequently result in serious injuries, including traumatic brain injuries, spinal cord damage, and burn injuries.

    Defective Medical Devices

    Ladders that are not set up properly on even surfaces can lead to the ladder tipping or falling over. Additionally, unstable ladders may result in tools or other items falling onto people below; this can cause traumatic brain injuries, spinal compression, and other serious medical issues.

    Dangerous Pharmaceuticals

    Prescription and over-the-counter medications are intended to heal, not harm. When a drug is contaminated, mislabeled, or marketed without adequate disclosure of its risks, patients can suffer severe and sometimes irreversible injuries.

    Defective Household Appliances

    Stoves, microwaves, refrigerators, washing machines, space heaters, and small kitchen appliances can cause fires, electrical shocks, burns, and lacerations when they are defectively designed or manufactured.

    Defective Power Tools & Machinery

    Saws, drills, nail guns, lawn mowers, and industrial machines can cause amputations, lacerations, and crush injuries when guards fail, switches malfunction, or safety mechanisms are inadequate.

    Defective Children’s Products/Toys

    Cribs, car seats, strollers, high chairs, and toys are held to stricter safety standards. Small parts, lead paint, faulty restraints, and tip-over hazards have all been the subject of major recalls.

    Defective Batteries & Electronics

    Lithium-ion batteries in phones, laptops, e-bikes, hoverboards, and vape devices have been associated with overheating, fires, and explosions that can cause severe burn injuries and property damage.

    Defective Industrial/Construction Equipment

    Defective ladders, scaffolding, lifts, and heavy machinery can cause serious workplace injuries. These cases often overlap with claims under New York’s Labor Law, including construction accident claims.

    Defective Recreational Products

    Bicycles, e-scooters, ATVs, jet skis, exercise equipment, and sporting goods can cause severe injuries when they are improperly designed or manufactured.

    Dangerous Food, Cosmetics & Consumer Goods

    Contaminated, mislabeled, or improperly packaged food and beverages can lead to serious illness, allergic reactions, and other health consequences.

    What To Do if You Were Injured by a Defective Product

    If you’ve been hurt in a ladder accident in New York, seeking prompt legal assistance is crucial as time is essential for preserving evidence and meeting filing deadlines. Our construction accident attorneys assist with all types of injury cases. We investigate personal insurance, third-party coverage, and Workers’ Compensation possibilities when pursuing compensation for you.

    For a free case evaluation and to learn about your legal options, reach out to the injury attorneys at Martin + Colin, P.C. today by calling (914) 771-7711. We’re dedicated to helping both construction workers and bystanders injured due to unsafe conditions obtain the justice they deserve.

    Frequently Asked Questions about Product Liability

    Who can be held responsible in a product liability case?

    Liability in a product case can extend to every business in the chain of distribution. This typically includes the manufacturer of the finished product, the manufacturer of any defective component part, the wholesaler or distributor, and the retailer that sold the product to the consumer. In some cases, parties responsible for design, testing, or marketing may also be held accountable. According to Cornell Law School’s Legal Information Institute, any party in the distribution chain may be liable for injuries caused by a defective product.

    In New York, you generally do not have to prove that the manufacturer acted carelessly. Under the doctrine of strict liability, you must show that the product was defective when it left the defendant’s control, that the defect made the product unreasonably dangerous, and that the defect caused your injury. Product liability claims may also be brought under theories of negligence and breach of warranty, and skilled counsel will typically plead each theory that fits the facts of the case.

    A recall is often strong evidence that the product had a known problem, and it can support a product liability claim, but a recall is not required to bring a case. Many injured consumers have valid claims involving products that have never been formally recalled. You can monitor recalls through the U.S. Consumer Product Safety Commission and the Administración Nacional de Seguridad del Tráfico en las Carreteras, though you should speak with an attorney regardless of whether the product appears on a recall list.

    Injured consumers in New York may be entitled to compensation for past and future medical expenses, lost wages, loss of future earning capacity, pain and suffering, emotional distress, and the loss of enjoyment of life. In wrongful death cases, surviving family members may recover for funeral expenses, loss of financial support, and loss of parental guidance, among other damages. In rare cases involving extreme conduct, punitive damages may also be available.

    Design and manufacturing defect claims involving motor vehicles, medical devices, and pharmaceuticals are among the most frequently litigated product cases nationally. Claims involving household products, children’s items, and consumer electronics also represent a significant share of injury litigation.

    You do not need to be the purchaser, or even the user, of a product to bring a product liability claim. New York law allows bystanders and other foreseeable users of a product to recover when they are injured by a defect. A child injured by a sibling’s defective toy, a passenger injured by a defective auto part, or a coworker injured by a defective tool may all have valid claims. 

    Need a White Plains, New York Product Liability Lawyer? Call Martin+Colin, P.C.

    If you have been injured by a defective product, you already know that the medical bills can pile up quickly, and that the manufacturer’s insurance company is not on your side. After an injury from a defective product, you need a legal team you can trust. Our experienced personal injury lawyers are with you from beginning to end. 

    Martin+Colin, P.C. investigates how the product failed, identifies every responsible party in the chain of distribution, and pursues the full compensation you are entitled to under New York law. We have recovered millions of dollars for people injured across New York, including New York City, Westchester County, and the Hudson Valley. 

    Áreas de Práctica

    • Accidentes de Auto
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    • Accidentes de Construcción
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    • Responsabilidad del Local
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    • Lesión Cerebral Traumática
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    • Accidentes de Camión
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    • Accidentes en servicios de transporte compartido
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