Product Liability Claims

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Sullivan and Sullivan LLP fought for a client, a young boy, injured by a defective scooter with a metal piece sticking out of it. This defect caused a deep laceration on the face of the young boy. On behalf of our client, we won $112,500 for this case. At Sullivan and Sullivan LLP, we fight for all our clients. If you want a chance at fair compensation, contact us immediately for a free case evaluation. We will provide a translator if you need one.

Product liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals, and other defective products and equipment. A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability. Damages can be recovered under one of the following categories: strict products liability; negligence; or breach of warranty.

Products that may pose a danger to consumers include:

– Toys with lead paint, choking hazards, or other unsafe pieces
– Faulty or defective tires
– Malfunctioning safety devices (such as faulty airbags or seat belts)
– Dangerous medications with harmful side effects
– Tools or equipment that break while in use

Product liability attorneys work hard to hold manufacturers, wholesalers, and retailers legally responsible for defective products. Items covered by this area of law include food, drugs, and virtually all consumer products. Injuries caused by defective products can range from bodily harm to death. Anyone who is a victim of an unsafe product may be awarded damages to be paid by the manufacturer, designer, or seller of that product.

A product can be defective and dangerous in any number of ways, leading to injuries and product liability claims. However, there are three overarching types of defects:

Design Defect – If you believe the product that led to your injuries was defectively designed, you will need to show that the product is inherently dangerous when it is manufactured and used as intended — not that there was a mistake in the creation of the product. Instead, the defect arose during the design phase, and all of the products are made in a way that makes them dangerous for consumers.
Manufacturing Defect – When a product has a manufacturing defect, it means it was created or assembled in a way that was not in accordance with the design and made the product dangerous when used as intended. In this situation, the product would not be dangerous if it were manufactured as it was designed. However, a mistake during the manufacturing process created a risk that one or more of the products would cause harm.
Failure to Warn – A product may have a warning defect if there is a risk of harm when the product is used as intended, or in a reasonably foreseeable unintended way, yet it does not have the necessary warnings to inform you or other users about this risk. This is common when a product is designed and manufactured as safely as possible, yet still poses a risk to users.

Depending on your situation, your legal team may focus on one type of defect or multiple. It is possible that the product that caused your injuries was defective in more than one way. For instance, it may have been defectively designed and lack the appropriate warnings. Determining which type of defect you were injured by can require in-depth investigation and expert opinions. We can help with the complex process involved in a product liability case.

If you or someone you know in New York, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island and Long Island (Nassau/Suffolk County), needs the assistance of experienced product liability attorneys, contact Sullivan and Sullivan LLP to schedule a free consultation.

If you or someone you love found themselves in that position, would you not want a dedicated team of legal professionals to fight as hard as they can to help you recover damages?