Products Liability Lawyers Serving Clients in the New York Area
Leav & Steinberg LLP handles product liability claims involving injuries caused by defective or dangerous products. Manufacturers, distributors, and retailers have a legal duty to ensure the safety of their goods. When products fail due to design flaws, manufacturing errors, or lack of warnings, injured consumers can seek compensation.
At Leav & Steinberg LLP, we will provide you with your own personal legal team to represent you during your products liability case. As a client-centered firm, we will not charge you any attorney fees until after your case has been won.
New York Product Liability Lawyers
It is the responsibility of manufacturers, distributors, and sellers to offer products that work properly and are safe to use. Our products liability attorneys are equipped to handle cases that involve a variety of claims. The three main types of product liability claims are for a design defect, manufacturing defect, and failure to warn. Other common product liability claims are rooted in negligence, breach of an express warranty, breach of an implied warranty of merchantability, breach of an implied warranty of fitness for a particular purpose, breach of consumer protection, and strict liability.
The statute of limitations for most New York product liability cases is three years. Some of the more common types of products liability cases include:
Defective Automobiles
Unsafe drivers are not the only hazard on the road in New York. Manufacturers sometimes produce defective automobile parts, and they can cause accidents that leave victims with serious injuries. Unfortunately, drivers may not know about these issues until a collision has already occurred. Some common defective automobile parts include:
- Airbags
- Steering column
- Brakes
- Tires
- Wiring issues
In addition to defective parts, design flaws, such as the lack of a child safety lock, can have devastating consequences. Reporting defective automobile parts and pursuing legal action for your injuries can lead to safety recalls that benefit millions of people as well as financial recovery for your injuries.
Defective Machinery
People who use specialized machinery in the workplace expect that the equipment they need to do their jobs will perform safely if used properly. However, manufacturers, distributors, and retailers sometimes fail to check for machinery defects before the customer purchases equipment.
Occupational Safety and Health Administration (OSHA) guidelines and the American National Standards Institute (ANSI) B11 standards require employers to maintain the safety of their equipment, and they provide guidelines for doing so. Professionals who work in high-risk areas such as on construction sites and in factories are especially vulnerable to defective machinery issues.
Defective Aviation Equipment
The Federal Aviation Administration (FAA) oversees aircraft safety regulations. The agency requires that most commercial airplanes undergo routine maintenance after every 100 hours of flight time and have a comprehensive inspection each year. Because of the cost involved in manufacturing airplanes, manufacturers rarely stop production or issue safety recalls even if they know an issue exists. The Boeing 737 Max 8 is a famous example of a flawed airplane that was still produced and used in commercial aviation.
Additionally, while inspections can identify mechanical and electrical issues, they cannot prevent issues caused by a pilot’s error.
Defective Boats and Maritime Equipment
Equipment defects with boats and other maritime equipment are serious concerns that can cause severe injuries or death. Manufacturers that allow vessels with defective parts to be released onto the market can be held legally accountable for the dangerous consequences of their failure to ensure the customer’s safety.
Under the Jones Act, maritime workers who suffer injuries on the job due to defective boats and boating equipment can file claims against their employer. Victims injured in private boating accidents may also have a case against the owner of the boat if the owner knew of the defective part before allowing passengers on the boat.
Defective Medical Devices
Victims who suffer because of medical negligence often pursue malpractice suits, but when a defective medical device is involved, a lawyer can help you take legal action against the manufacturer that produced the device. One of the most common examples of a defective medical device is transvaginal mesh, which has caused health problems for many women. Those affected by defective medical devices can suffer lifelong injuries or even wrongful death.
Defective E-Cigarettes
E-cigarettes have rightfully come under scrutiny in recent years, as their manufacturers claimed them to be a healthier alternative to cigarettes. Sadly, many people who start using e-cigarettes to minimize the health conditions associated with smoking developed serious lung conditions themselves, such as popcorn lung. The devices themselves can also lead to injuries, as their lithium-ion batteries can overheat and cause burns.
Do You Have a Case?
During our meetings and consultations, we will take the opportunity to determine the extent and legitimacy of your case. We will analyze your personal account of events in conjunction with the available evidence. This may include everything from photographs of your injuries to official medical records. In order to build a strong case, we believe that early investigation is essential; that’s why it’s important that you contact us as soon as possible so that we can begin our investigation.
Why Choose Leav & Steinberg for Your Product Liability Case?
Our experienced legal team believes in being responsive and easily accessible. We will even provide personal phone numbers if necessary. Our staff is also multilingual, allowing us to accommodate clients who speak English, Spanish, Albanian, and Portuguese.
Unlike other firms, we utilize a case management system that helps us store and manage information more efficiently. We are able to track partner changes within opposing firms and seamlessly access scanned mail and client contact information—keeping your records up to date and easy to access. When it comes to trial services, we employ graphics professionals to create courtroom graphics that will make it easier to understand the facts of your case.
Our Experience
Founded in 1999, we have decades of trial and settlement experience. Along with helping clients who are facing products liability cases, we have also helped clients receive settlements of hundreds of thousands and even millions of dollars in damages in other practice areas. This includes medical malpractice, train accidents, bus accidents, and construction accidents. View our client results for more details, but please keep in mind that each case is different, and settlement results may vary.
We serve clients throughout New York City, including Manhattan, the Bronx, Brooklyn, Queens, Staten Island, and the surrounding areas. Give us a call today at 212-766-5222, or use our contact form to request your free consultation.
If a defective product caused your injury, you may be entitled to compensation. Contact our Manhattan or Bronx product liability lawyers today to schedule a consultation.
Products Liability FAQs
Strict liability in New York holds that a manufacturer or seller is responsible for injuries caused by a defective product, regardless of intent or negligence. If a product is unsafe due to design, manufacturing, or inadequate warnings, victims can recover compensation without proving fault.
Product liability claims are generally based on three legal theories: design defect, manufacturing defect, and failure to warn. Each focuses on whether the product was inherently flawed, improperly made, or lacked adequate safety instructions.
Product liability does not apply when injuries result from improper use, intentional misuse, or alterations made after purchase. Manufacturers are not typically responsible if the product was safe when sold, but later modified or used in unforeseeable ways.
The criteria for product liability require that the plaintiff prove a defective product, intended use, causation, and resulting damages. This means showing the product was unreasonably dangerous and directly caused injury while being used as intended.
A product liability lawsuit arises when a defective or unsafe product causes injury, illness, or death. Claims can be filed against manufacturers, distributors, or retailers who failed to provide safe goods to consumers.
A product liability claim is proven when five elements are shown: product defect, intended use, duty of care by the seller, breach of that duty, and damages caused by the defect. Together, these establish legal grounds for compensation.
Winning a product liability case depends on presenting credible evidence that shows the product was defective and directly caused harm. Expert testimony, medical records, and product testing often strengthen the claim.
Compensation in product liability cases may include medical expenses, lost wages, pain and suffering, and, in severe cases, long-term care costs. Victims may also pursue punitive damages if manufacturers acted recklessly.
The statute of limitations for product liability in New York is generally three years from the date of injury. Acting promptly ensures your right to pursue damages is preserved.
Negligence is not required when strict liability applies in a product liability case. However, some claims, such as breach of warranty or negligence theories, may still require proof of unreasonable conduct.
Strict product liability means that a company can be held liable for a defective product even if it exercised reasonable care. The focus is on the product’s safety, not the manufacturer’s intent.
A product is proven faulty when evidence and expert analysis show that it contained a design flaw, manufacturing defect, or inadequate warning. Testing, recalls, and similar injury reports often support claims.
A manufacturer’s defect occurs when a product is improperly made during the production process. This could include faulty wiring in an appliance, flawed brakes in a vehicle, or a contaminated batch of medical devices.
The settlement timeline for product liability cases varies based on the complexity of evidence, the severity of injuries, and court schedules. Some cases resolve in months, while others may take years if trials are required.
A product liability suit can be based on three main grounds: defective design, manufacturing error, and failure to warn. Each theory addresses a different way in which a product can be unsafe for consumers.