If you or a loved one have suffered personal injuries due to an accident or the negligence of another, contact us for help.
If you or a loved one was injured because of a defective product you may require extensive medical care, lose time from work and have serious concerns about how you’ll pay your bills. You also may be experiencing severe pain that prevents you from returning to your normal daily life. That’s where our team of experienced products liability attorneys come in, to help you receive full compensation for your injuries and losses from those responsible.
The experienced products liability attorneys at Uptown Injury Law, PLLC have fought tirelessly for victims of defective products throughout the Bronx, Manhattan, Queens, Brooklyn and the New York City Metro Area for over 15 years. To schedule a free consultation contact us online or call our office toll-free at 917-540-8728.
Most people struggle to afford top-tier legal representation. To ensure equal access to justice, our New York trial attorneys work on a contingency-fee basis. That means you pay us nothing unless we win your case.
Our experienced personal injury attorneys have represented thousands of seriously injured New Yorkers. We are extremely proud of the results we’ve obtained for our clients in excess of $100 million dollars in the New York City Metro area.
If you or a loved one have been hurt as a result of use or exposure to a defective or dangerous consumer product or medical device, our team of skilled New York products liability attorneys are here to help. Contact us for a free case evaluation.
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. Potentially liable parties include: the manufacturer; a manufacturer of component parts; the wholesaler, and the retail store that sold to the end consumer.
Strict product liability refers to one of the theories under which a plaintiff can proceed when bringing an action based upon an injury caused by a product. In a strict product liability action, a plaintiff can recover damages without showing that the manufacturer or seller of a product was negligent.
If you were injured by a dangerous or defective product, you may entitled to compensation for your medical expenses, lost wages, and any pain and suffering you experienced. That being said, product liability lawsuits are typically complex affairs, so you’ll want to talk with a legal professional before moving forward. A good first step is to contact an experienced product liability lawyer.
There are several types of flaws that make a product defective
This depends on the theory of liability that an injured party is pursuing. If one is bringing an action under negligence, he must show that the defect that caused the injury came about through the defendant’s failure to exercise reasonable care in the design, manufacture, and marketing of the product. In a strict liability case, the general test is whether the product itself was unreasonably dangerous, regardless of the care used in designing or producing it. Finally, in a breach of warranty case, the focus is on whether product was fit for use under its express or implied warranty.
Although manufacturers of products are usually liable for injuries that they know will occur through the use of their products. They may be held liable for illnesses caused through the defective manufacturing of the drugs, for adverse effects that were not known of through a failure to properly test the drug, or a failure to warn of known adverse side effects.
A person injured by a defective or dangerous product may be able to bring an action for product liability and recover damages under one of the following theories:
There are two types of warranties:
You might be able to recover for a breach of an implied warranty if your state has implied warranty statutes, which are usually found in a state’s commercial code and are not specific to particular types of product, but are implied under the law to cover most categories of products. You might recover for a breach of express warranty if the seller or manufacturer of a product expressly extended a warranty to you, in writing or verbally, and the product injured you.
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