When defective products cause grave dangers to consumers, corporations that design, manufacture and sell those products can be held liable for their negligence, as they have a legal obligation to ensure the safety of their customers. And while injured consumers may be entitled to compensation for their injuries, it is often difficult to prove and identify a product’s defective qualities. If you or a loved one have sustained injuries from a defective product, contact one of our expert product liability attorneys at Halperin, Halperin & Weiskopf PLLC to learn more about your rights.
Types of Product Liability Claims
Products Liability is a general concept in civil law, referring to the liability of any parties involved in the production chain of a defective product, ranging from the design, manufacturing, marketing, and retail processes. Because Product Liability refers to a broad range of torts, there are several different types of product liability claims.
- Manufacturing Defects: Manufacturing defects occur when a product’s errors occur during the manufacturing or assembly stages. These defects are often scattered, meaning they usually don’t happen in every product. For example, a product with defective materials is only considered a manufacturing defect if the materials used differ from its intended design. Click here for more information about manufacturing defects.
- Design Defects: Design defects occur at the drawing board. These defects often occur when products are not tested, as inherent problems in the product’s design cause injury. For example, a weight-bearing structure designed with improper materials can warrant a design defect claim.
- Marketing Defects: Even if a product is designed and manufactured correctly, failure to provide consumers with adequate warnings may result in a marketing defect. For example, a product intended for infants may be defective if it poses a choking hazard to young children.
- Breach of Warranty: When a product defect occurs before the lifespan provided by the designer or manufacturer, it may permit a Breach of Warranty claim.
Who is liable in a products liability claim?
Several different parties may be liable in a products liability case; however, liability is dependent on the nature of the defect. Responsible parties in a products liability claim typically include the following:
- Designers: When a product has inherent defects, the corporation responsible for designing and creating the product is liable for your injuries. Designers are typically found liable when an entire line of products is defective. For example, defects in motorized scooters, such as Onewheel devices, are often design flaws.
- Manufacturers: In a globalized economy, corporations often outsource their manufacturing processes. Manufacturers are typically the liable party in cases involving defective products with proper designs.
- Wholesale and retail sellers: Parties involved with the sale of defective products may still be liable for your accident, even if they had no role in the design or manufacturing stage. If a retailer or wholesaler knew or should’ve known about a defective product, they could be liable for selling the product.
Why choose Halperin, Halperin & Weiskopf?
Our New York products liability attorneys at Halperin, Halperin & Weiskopf PLLC have extensive experience handling product liability claims, and our results speak for themselves. Insurance companies routinely offer plaintiffs less compensation than their case is worth. Retaining the services of an experienced product liability attorney can help you recover damages that reflect the full extent of your injuries. To do so, our experienced attorneys at Halperin, Halperin & Weiskopf PLLC will help you gather the appropriate evidence to prove:
- Your product was defective and/or dangerous to use.
- Your injuries were sustained when using and as a result of using the defective product.
- Your injury resulted in mental, physical, or financial harm.
- The product did not contain any warnings or instructions that could’ve prevented your accident and injuries from occurring.
Our attorneys at Halperin, Halperin, and Weiskopf PLLC have handled a wide range of products liability claims, including the following:
- Defective medical devices
- Hazardous drugs
- Defective gym equipment
- Defective auto parts
Statute of Limitations
Like other civil liability claims, there is a time limit to file your lawsuit. The statute of limitations for product liability claims extends three (3) years from the date of the accident, meaning you must file your claim within three years of your accident.
If you or a loved one has been injured or killed from a defective product, let the experienced product liability attorneys at Halperin, Halperin & Weiskopf, PLLC fight for your rights. Contact us at (212) 935-2600 or fill out our online form for a free, no-obligation consultation to discuss your accident with one of our expert product liability attorneys.