New York Products Liability Lawyer

We use various products everyday of our lives, giving little thought to the potential harm that may occur if something fails to perform as advertised. When a dangerous product results in a serious injury, it is important to hold the manufacturer accountable through a product liability claim.

At the law firm of Roth & Khalife, our attorneys have helped thousands of injured victims recover the compensation they need and deserve following a serious injury. To schedule a free consultation, call our law offices in New York at 212-608-3015.

What is a Product Liability Case?

At Roth & Khalife LLP, we understand that a product liability case arises when a consumer is harmed by a product that is defective or unsafe. Product liability encompasses various types of claims that involve injuries or damages caused by defective or dangerous products. Here’s a breakdown of what constitutes a product liability case:

Types of Product Defects

1. Design Defects: These occur when a product is inherently dangerous or flawed due to its design. Even if the product is manufactured correctly, a poor design can lead to dangerous outcomes.
2. Manufacturing Defects: These defects arise during the production or assembly of a product. A manufacturing defect can make an otherwise safe product dangerous, often due to errors in the production process.
3. Marketing Defects: Also known as “failure to warn” or “inadequate instructions,” these defects occur when a product lacks proper warnings or instructions regarding its use. This can include missing safety warnings or inadequate instructions on how to use the product safely.

Key Elements of a Product Liability Case

To establish a product liability case, the following elements generally need to be proven:

1. Defect: The product in question must be proven to have a defect in design, manufacturing, or marketing.
2. Injury or Damage: The defect must have directly caused harm or damage to the consumer or their property. This could include physical injuries, emotional distress, or property damage.
3. Causation: It must be demonstrated that the defect was the direct cause of the injury or damage. There should be a clear link between the defect and the harm suffered.
4. Product Use: The product must have been used in a manner that was intended or reasonably foreseeable by the manufacturer. If the product was misused or altered, it could impact the case.

At Roth & Khalife LLP, we are dedicated to holding manufacturers, distributors, and retailers accountable for their defective products. Our experienced team of product liability lawyers is here to help you navigate the complexities of your case and seek the compensation you deserve for your injuries and damages. If you have been harmed by a defective product, contact us today to discuss your case and explore your legal options.

Who May Be Held Liable in a Products Liability Claim?

In a product liability claim, multiple parties involved in the product’s design, manufacture, and distribution can be held liable. At Roth & Khalife LLP, our skilled product liability attorneys investigate every aspect of your case to identify all potentially responsible parties. Here’s an overview of who may be held liable:

1. Manufacturers

The manufacturer is often the first party considered in a product liability claim. This can include companies that design and produce the product, as well as manufacturers of individual components. Whether it’s a large corporation or a small business, if the defect originated during the manufacturing process or due to design flaws, the manufacturer can be held responsible.

2. Parts Suppliers

In cases where a specific component of a product is defective, the supplier of that part may be liable. Many products, especially complex ones like automobiles or machinery, are made from parts supplied by different companies. If a malfunctioning component causes injury, the supplier of that component could share liability.

3. Distributors and Wholesalers

Distributors and wholesalers act as intermediaries between the manufacturer and the retailer. While they do not create or design the product, they can still be held liable if they played a role in making the defective product available to the public. Their responsibility includes ensuring that the products they distribute are safe for consumer use.

4. Retailers

Retailers can also be held liable in a product liability case, even if they did not manufacture or design the product. When a retailer sells a product, they are implying that it is safe for its intended use. If a product sold by the retailer is found to be defective and causes harm, the retailer may be included in the claim.

5. Installers or Repair Services

In some cases, a product might become defective due to improper installation or repair services. If the defect was introduced or worsened during installation or maintenance, the service provider responsible for that work may be liable for any resulting injuries or damages.

At Roth & Khalife LLP, we leave no stone unturned in our pursuit of justice for our clients. We meticulously investigate each case to identify every party that may share responsibility for your injuries. Our goal is to hold all liable parties accountable and secure the compensation you need to move forward. If you’ve been injured by a defective product, reach out to us today to learn how we can help you.

Common Injuries or Illnesses from Defective Products

Defective products can pose serious risks to consumers, often resulting in a range of injuries or illnesses. At Roth & Khalife LLP, we have seen firsthand how dangerous and defective products can cause severe harm. Understanding the types of injuries that can result from these products is key to pursuing a product liability claim. Here are some of the most common injuries and illnesses caused by defective products:

1. Burns and Scalds

Faulty electronics, household appliances, and machinery can cause fires, explosions, or overheating, leading to severe burns or scalds. Defective kitchen appliances, space heaters, and lithium-ion batteries in devices like smartphones and e-bikes are common culprits in burn injury cases.

2. Head and Brain Injuries

Defective helmets, automotive airbags, or faulty child car seats can lead to head injuries or traumatic brain injuries (TBIs) during accidents. Products designed for safety, like helmets and car seats, must meet strict safety standards; when they fail, the consequences can be life-altering.

3. Bone Fractures and Lacerations

Defective tools, machinery, toys, or sporting equipment can cause severe physical injuries, such as broken bones or deep lacerations. Poorly designed or manufactured power tools, for instance, can malfunction and result in cuts, fractures, or even amputations.

4. Chemical Burns and Poisoning

Defective cleaning products, cosmetics, and medications can contain harmful chemicals that cause burns or poisoning. Inadequate labeling or a failure to include proper usage instructions can lead to dangerous exposure, resulting in chemical burns, respiratory issues, or poisoning if ingested.

5. Choking and Suffocation

Products with small, detachable parts, especially children’s toys, can pose choking hazards. Additionally, defective packaging or poorly designed household items like cribs or high chairs may increase the risk of suffocation in infants and young children.

6. Respiratory Illnesses

Defective products that release harmful substances into the air, such as asbestos-containing building materials or poorly manufactured air purifiers, can lead to respiratory illnesses. Prolonged exposure to toxic substances can cause chronic conditions like asthma, lung disease, or even cancer.

7. Infections and Allergic Reactions

Medical devices, cosmetics, or personal care products that are not properly sterilized or that contain harmful chemicals can cause infections or severe allergic reactions. Defective surgical implants or contaminated pharmaceuticals can lead to life-threatening health complications.

At Roth & Khalife LLP, we are committed to helping victims of defective products get the justice they deserve. If you’ve suffered an injury or illness due to a defective product, contact us today. Our experienced team is ready to fight for your right to compensation and hold the responsible parties accountable.

How a Products Liability Lawyer Can Help

At Roth & Khalife LLP, we know that dealing with the aftermath of an injury caused by a defective product can be overwhelming. Navigating the complexities of a product liability case requires in-depth knowledge of both legal and technical aspects. Our experienced products liability lawyers are here to guide you every step of the way. Here’s how we can help:

Investigating Your Case

One of the most critical aspects of a successful product liability claim is a thorough investigation. Our legal team will gather evidence, including product manuals, safety records, witness statements, and expert testimonies. We work with product engineers, medical professionals, and safety experts to identify the defect and how it directly caused your injury.

Identifying All Liable Parties

Determining who is liable in a product liability case can be complex. Multiple parties may share responsibility, including manufacturers, suppliers, retailers, or even repair services. Our attorneys will meticulously analyze the chain of distribution to ensure that all responsible parties are held accountable, maximizing your chances for a full and fair recovery.

Proving Your Claim

For a product liability claim to be successful, we must demonstrate that the product was defective, the defect caused your injury, and you used the product as intended. We have extensive experience building strong cases by gathering and presenting the necessary evidence to prove these key elements. Our legal team is skilled at constructing compelling arguments to show how the defect directly led to your injuries or illness.

Negotiating with Insurance Companies

Insurance companies often try to minimize claims or deny liability altogether. Our experienced lawyers are adept at handling negotiations with insurers to ensure you receive the compensation you deserve. We will negotiate on your behalf, presenting a strong case that clearly outlines the extent of your injuries, the impact on your life, and the full value of your claim.

Taking Your Case to Trial

While many product liability cases settle out of court, some require litigation to achieve a just outcome. Our seasoned trial attorneys are prepared to take your case to court if necessary. We will present a compelling argument, backed by expert testimony and solid evidence, to pursue maximum compensation for your injuries, medical expenses, lost wages, pain and suffering, and other damages.

Providing Support and Guidance

We understand that dealing with a product-related injury can be stressful. Our team is here to support you throughout the entire legal process. We will keep you informed about your case’s progress, explain your options, and answer any questions you may have. At Roth & Khalife LLP, we are committed to providing compassionate, personalized service to help you move forward after a traumatic experience.

If you or a loved one has been injured by a defective product, let Roth & Khalife LLP fight for your rights. Contact us today to discuss your case and learn how we can help you pursue justice and secure the compensation you deserve.

Damages You May Be Entitled To

If you’ve been injured by a defective product, you may be entitled to various types of compensation, known as “damages,” to help cover the financial, physical, and emotional impact of your injuries. At Roth & Khalife LLP, we strive to secure the maximum compensation for our clients to help them recover and move forward. Here are the types of damages you may be entitled to in a product liability case:

1. Medical Expenses: You can seek compensation for all medical costs related to your injury. This includes not only immediate expenses, such as emergency room visits, surgeries, and hospital stays, but also future medical costs like rehabilitation, physical therapy, medications, and any necessary long-term care. We work with medical experts to ensure that all current and future medical needs are accurately accounted for in your claim.
2. Lost Wages and Loss of Earning Capacity: If your injury has forced you to miss work, you may be entitled to compensation for lost wages. Additionally, if your injury results in a long-term disability that affects your ability to earn a living, you may be entitled to damages for the loss of future earning capacity. Our team will carefully calculate your lost income and the potential impact on your future earnings to ensure you receive fair compensation.
3. Pain and Suffering: Physical pain, emotional distress, and mental anguish caused by your injury are also compensable. Pain and suffering damages account for the physical discomfort, emotional trauma, and diminished quality of life that you have experienced. Calculating these damages can be complex, but our attorneys are skilled at presenting a compelling case that reflects the true extent of your suffering.
4. Disability or Disfigurement: If the defective product has caused a permanent disability or disfigurement, you may be entitled to additional compensation. These damages consider the long-term impact of the injury on your lifestyle, daily activities, and overall well-being. Our team will work with medical professionals to document the full extent of your injuries and the lasting consequences.
5. Property Damage: In addition to personal injuries, defective products can also cause damage to property. For example, if a faulty appliance caused a fire in your home, you could be entitled to compensation for property repair or replacement costs.
6. Punitive Damages: In cases where the manufacturer or seller of the defective product acted with gross negligence, recklessness, or intentional misconduct, you may be eligible for punitive damages. These damages are designed to punish the responsible party and deter similar conduct in the future. While punitive damages are not awarded in every case, our attorneys will explore this option if it is applicable to your situation.

At Roth & Khalife LLP, we are dedicated to helping you recover all the damages you are entitled to. Our experienced product liability lawyers will fight to ensure you receive compensation that fully addresses the impact of your injury on your life. Contact us today for a free consultation to discuss your case and how we can help you secure the compensation you deserve.

How To Know If You Have a Valid Products Liability Case

If you’ve been injured by a defective product, you may be wondering whether you have grounds for a product liability claim. At Roth & Khalife LLP, we understand how confusing this process can be, so we’re here to help you determine if you have a valid case. Here are some key factors to consider:

1. The Product Had a Defect

For a product liability case to be valid, the product must have a defect that directly caused your injury. There are three main types of defects:

• Design Defect: The product is inherently dangerous due to a flaw in its design, making it unsafe even if it’s manufactured correctly.
• Manufacturing Defect: An error occurred during the product’s construction or production, making an otherwise safe product dangerous.
• Marketing Defect (Failure to Warn): The product did not come with adequate instructions, warnings, or labels about potential risks associated with its use.

If your injury was caused by any of these defects, you might have a valid claim.

2. You Were Using the Product as Intended

To have a valid case, you generally must have been using the product in a way that the manufacturer intended or in a manner that was reasonably foreseeable. If you were misusing the product or using it in a way that was not intended and not reasonably predictable, it could affect the validity of your claim.

3. You Suffered Actual Injuries or Losses

A key component of a product liability claim is that you must have suffered actual injuries or losses due to the defective product. This can include physical injuries, emotional distress, lost wages, medical expenses, or property damage. Without tangible harm, you may not have a basis for a claim, even if the product was defective.

4. The Product Was Not Substantially Altered

For your case to be valid, the product must be in substantially the same condition as when it left the manufacturer. If the product was significantly altered, modified, or damaged after purchase, it could impact your ability to pursue a claim. However, normal wear and tear or maintenance does not necessarily negate the validity of a product liability case.

5. The Statute of Limitations Has Not Expired

New York law imposes a statute of limitations on product liability claims, meaning you have a limited time to file your case. Generally, you have three years from the date of the injury to file a product liability claim in New York. However, some factors may affect this timeframe, so it’s crucial to consult with an attorney as soon as possible to ensure you don’t miss your window to take legal action.

Contact Us to Evaluate Your Case

Determining whether you have a valid product liability case can be complicated. At Roth & Khalife LLP, our experienced attorneys can review the details of your situation, identify any defects, and assess the strength of your claim. If you believe you were harmed by a defective product, contact us today for a free consultation. We will help you understand your legal rights and guide you through the process of pursuing the compensation you deserve.

Contact Roth & Khalife LLP for a Free Consultation

If you or a loved one has been injured by a defective product, you don’t have to face this situation alone. At Roth & Khalife LLP, our dedicated product liability lawyers are here to fight for your rights and hold negligent manufacturers accountable. We understand the challenges you’re facing, and we’re committed to helping you recover the compensation you deserve. Contact us today for a free consultation to discuss your case and explore your legal options. Let us put our experience and knowledge to work for you.

Products Liability Lawyer FAQs

1. What is a product liability claim?

A product liability claim is a legal action taken against manufacturers, distributors, suppliers, or retailers for injuries caused by a defective or dangerous product. The claim can involve design defects, manufacturing defects, or marketing defects, such as inadequate warnings or instructions.

2. Who can be held liable in a product liability case?

Multiple parties in the chain of distribution can be held liable, including manufacturers, parts suppliers, wholesalers, retailers, and even repair services. Our attorneys will thoroughly investigate your case to identify all responsible parties.

3. What should I do if I’m injured by a defective product?

First, seek medical attention immediately for your injuries. Next, preserve the product in its current condition, along with any packaging, manuals, or receipts. Document your injuries and keep records of your medical treatment. Then, contact a product liability lawyer to discuss your case and protect your rights.

4. How long do I have to file a product liability claim in New York?

In New York, the statute of limitations for product liability claims is generally three years from the date of injury. However, there can be exceptions, so it’s important to consult with an attorney as soon as possible to ensure you don’t miss any deadlines.

5. What kind of compensation can I receive in a product liability case?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and, in some cases, punitive damages. The specific damages depend on the circumstances of your case, and our lawyers will work to secure the maximum compensation possible.

6. Do I need to prove that the manufacturer was negligent?

In many product liability cases, you do not need to prove negligence. New York follows a strict liability standard, meaning you only need to show that the product was defective and caused your injuries. However, negligence may play a role in certain claims, such as those involving failure to warn.

7. How much does it cost to hire a product liability lawyer?

At Roth & Khalife LLP, we operate on a contingency fee basis for product liability cases. This means you pay no upfront fees, and we only get paid if we successfully recover compensation for you. Our initial consultation is free, so you can discuss your case without any financial risk.