Product designers, manufacturers, and distributors owe a responsibility to consumers to ensure that the products released to the market are safe for use or consumption. Unfortunately, numerous companies release products every year that pose unreasonable risks of injuries or illness to the public. The companies that fail to comply with the law must be held accountable for the injuries and damages that their products cause to unsuspecting consumers. A seasoned personal injury attorney could help with that.
A defective product can include just about any item introduced to the market, from dangerous medical devices to faulty vehicle equipment. If you were injured due to product negligence, a personal injury lawyer on Long Island could help you file suit against the responsible party.
Types of Defective Product Claims
Defective products can injure consumers in many different ways; however, in a legal claim, an injured individual must establish negligence by a party involved with the product in order to receive compensation for any injuries. Most defective product claims involve one of the following:
Design defect: A product’s design posed unreasonable dangers and a threat to consumers
Manufacturing defect: A product was safely designed but became defective or dangerous in the manufacturing process
Failure to warn: A manufacturer was aware of the dangers of using a product but failed to include proper warnings
Misrepresentation in marketing: A misrepresentation about the product’s use, or the potential risks or side effects
A product can become defective at different stages of the process before getting to a consumer. It is important to determine when a product became defective because most companies do not solely handle the design, manufacturing, marketing, and sale of a product. A Smithtown defective products attorney has experience in investigating the life cycle of a product to determine when and how a product became unsafe for consumers.
For other cases involving no-fault claims, we have an experienced no-fault claims lawyer in Smithtown to provide legal assistance.
What Are the Most Common Defective Products?
There are many types of products that can become defective. Just about any product an individual uses in their everyday life could be potentially faulty and dangerous but the most common products that lead to lawsuits include:
Pharmaceutical drugs, including prescription and over-the-counter drugs.
Medical devices and equipment
Motor vehicle products and equipment
Home heaters and other poorly-constructed or poorly-installed heating devices
Industrial machinery and equipment
Consumers trust companies to develop and manufacture products that are safe for consumption. When an individual is injured because of negligence, a product liability lawyer in Smithtown could take them to court for proper restitution.
Deadline to File a Defective Product Case
Immediately after a devastating injury, a person’s focus is on feeling better and managing their finances. However, there is not an unlimited amount of time to seek compensation, no matter how severely hurt they are. Under New York Civil Practice Law & Rules § 214, a defective product case must be filed within three years of the date the injury occurred or was discovered.
Defective product cases can be complex because an injury is not always immediately recognizable. Additionally, there may be times when a class action case is justified, especially when the same product injures several individuals. A lawyer could investigate a claim in a timely manner to comply with the statute of limitations and determine the best way to approach the claim.
Contact a Smithtown Defective Products Attorney Today
Companies that put products out for consumers must comply with their legal duty to ensure that those products are safe and free from unreasonable risk. If you sustain an injury because of a company’s failure to uphold its responsibility, you have legal recourse. Unfortunately, these large companies do not make the recovery process easy, so a Smithtown defective products lawyer could help you with this challenge. Schedule a case evaluation today to determine if you have a case. For other legal matters such as those related to dangerous drugs, we have a Smithtown dangerous drugs lawyer to handle them.