New York Product Liability Attorney
Consumers have a right to expect that the products they buy will be reasonably safe to use. Unfortunately, manufacturers sometimes release dangerous products in the marketplace. If you have been injured by a dangerous and defective product, contact Moore Kuehn right away. You may be entitled to file a product liability claim for compensation.
Why Choose Our Firm?
- Our attorneys have decades of experience and a history of success in achieving favorable outcomes for our clients. We have never lost a case.
- We customize our representation with individually-tailored legal strategies based on the specific needs of each client.
- When we represent you in a product liability claim, you will always have direct access to the lawyer handling your case.
What Is Product Liability?
Product liability is the legal liability incurred by a manufacturer or trader for producing or selling a defective product. It refers to the liability any and all parties along the product’s chain of manufacture have for harm caused by the faulty product. Many product liability claims are resolved in class actions or multi-district litigation because dangerous products generally cause injury to many users.
Basis for a Product Liability Claim
Product liability lawsuits can be based on:
- Negligence: Failure to act with the level of care that a person of ordinary prudence would have exercised under the same circumstances. Negligent actions include omissions when there is a duty to act.
- Strict liability: The defendant is liable for an action, regardless of his or her intent or mental state at the time. Strict product liability applies when a defective product causes injury to an appropriate plaintiff, for which an appropriate defendant is responsible.
- Breach of warranty of fitness: This involves the breach of a warranty implied by law that, if the seller knows or has reason to know of a particular purpose for which the product is being purchased, the seller is guaranteeing that the product is fit for that purpose.
Types of Product Defects that Create Liability
A product liability claim can be based on any of three types of defects:
- Design defects: These are inherent defects, existing before the product is manufactured. The product is unreasonably dangerous to use because of a flaw in its design.
- Manufacturing defects: Defects occur during production or construction of the product. In this case, only a few of the many products manufactured are likely to be flawed.
- Marketing defects: Improper labeling, insufficient instructions, and failure to warn of latent dangers in the product constitute marketing defects.
Damages in a Product Liability Claim
In pursuing a product liability claim, you may be able to recover compensation for the losses you have suffered because of the defective product. Damages you may be entitled to claim include:
- Lost income or wages
- Loss of earning potential
- Medical expenses related to your injuries caused by the defective product
- Pain and suffering resulting from your injuries
- Emotional distress or mental anguish related to your defective product injuries
Connect with Moore Kuehn
At Moore Kuehn, we believe that defective product manufacturers, and other parties in the distribution chain, should be held accountable for the harm their products cause. Call us today if you have been hurt by a dangerous and defective product. We can assist you in a product liability lawsuit to recover monetary compensation.