Although the average consumer would like to think that everyday products purchased in the United States are safe, that is simply not always the case. In fact, a surprising number of products designed or even assembled in the United States are wholly or partially manufactured in countries with lower minimum wages, such as China, India, or even Mexico by manufacturers attempting to maximize profit margins.
The problem with outsourcing is that even if the product was designed with thought, care, and diligence, defects may still occur during the manufacturing stage due to negligence and improper safety standards. If you or a loved one has experienced some form of injury or illness due to a product manufacturing defect, you may be eligible for compensation.
The experienced attorneys at Halperin & Halperin P.C. understand that products are not always built with care and diligence, as sometimes corporations and manufacturers put profits above safety. If you or loved one has suffered from an injury or illness due to a manufacturing defect, it is important that you contact an experienced lawyer to learn about your rights.
What Is A Manufacturing Defect?
Product liability cases generally fall within three categories: design defects, marketing defects, and manufacturing defects. When a manufacturer fails to meet the proper design standards and specifications for a particular product, it can become liable for any injuries, illnesses, or fatalities resulting from the manufacturer’s negligence.
Although most products undergo rigorous safety standards and tests before coming on to the marketplace, mistakes, and flaws during the manufacturing process can turn an otherwise safe product into a dangerous liability
Manufacturers may cut corners to save money by using improper materials, ignoring the safety hazards, contaminating products, or other problems that may arise and endanger consumers. Manufacturers are still responsible for the quality of their products even if these flaws may be unknown.
Though defects can take a variety of forms, some notable manufacturing defects include:
- Products with missing or broken parts
- Contaminated food
- Defective prescription or non-prescription medication
- Vehicles with improper safety features or defective parts
- Poorly manufactured medical devices, such as implants
- Sports or exercise equipment built with improper materials, such as pull-ups bars
- Products containing lead or known carcinogens
How Do You Know The Defect Occurred During The Manufacturing Process?
Defectively manufactured products typically only affect a small percentage of products sold in the United States. Indeed, it may not be clear, at first, if your product defect occurred during the manufacturing stage, or as a result of a design flaw. These cases involve extensive research and investigation.
At Halperin & Halperin P.C., our manufacturing defect attorneys consult with world-renowned experts who will reconstruct your accident or analyze your illness and prove that your product was not only defective but, also that it could have been built safely.
What To Do After Experiencing An Injury From A Defective Product
After suffering an injury, you should promptly seek legal advice. If other consumers experience a similar manufacturing defect, you may be able to join a class-action lawsuit that has already been brought against the manufacturer.
However, this is not always the case, since manufacturing defects sometimes only affect one or just a few products. Further, settlements and verdicts from a class action lawsuit may not provide you with adequate compensation- especially if you have experienced a severe injury resulting in hefty medical bills, and life-long injuries.
For this reason, it is crucial that you contact a personal injury attorney to learn more about your rights and any compensation that you may be entitled to receive.
Whether you decide to join a class-action lawsuit or hire an attorney yourself, here are a few steps that you might take to strengthen your claim:
- Retain the defective product– It is important that you DO NOT throw out the defective product. It can be inspected and used as evidence if you decide to bring a lawsuit against the manufacturer. Additionally, retaining the product will help identify the cause of the defect, namely whether it is a design flaw or a manufacturing defect.
- Do not alter the product– Keep your product in its original state. Any alterations to your defective product may weaken your claim.
- Retain all paperwork-Retain all receipts, packing slips, invoices, packaging, instructions, warranty cards, or any other materials associated with the purchase or acquisition of the defective product.
- Seek medical attention– Be sure to seek medical care immediately after you sustain any injuries or illnesses from the defective product; also, keep track of the dates that you seek medical care, as well as copies of medical reports, expenses, and other relevant documents. This will help prove that you sustained your injuries or illnesses from the defective product.
- Contact an experienced attorney– It is not always clear who is at fault in a product liability case. You must contact an attorney who can guide you through the complex legal process and identify the responsible parties.
In cases related to manufacturing defects, you do not have to prove that the manufacturer was negligent. Instead, you must prove that the product was defective and that the defects were, in fact, the cause of your injury. Further, you must prove that you were using the defective product properly before its malfunction. These principles act as an incentive for manufacturers to produce safe products for their consumers and allows for a lower burden of proof for victims of manufacturing defects.
Statute Of Limitations
For most product liability cases in New York, the statute of limitations generally extends three years from the date of injury. This, however, is not always the case as it often takes time to determine who is at fault. Click here for more information regarding the New York statute of limitations for defective products.
Our attorneys at Halperin & Halperin P.C. have handled hundreds of cases involving defectively manufactured products and can help you accumulate the appropriate evidence to pursue a strong claim. Our manufacturing defect attorneys will give your case the attention and dedication it deserves. We have proven results in securing significant settlements and trial verdicts for our clients.
Contact us for a free consultation by an experienced personal injury attorney. We operate on a contingency basis, meaning we will not charge you any fees unless we recover monetary damages and get you the justice you deserve.