Product Liability Lawyers
As a consumer you have a particular set of rights and when you buy a product, you rightfully expect this product to be safe and efficient to use. Regrettably that is not always the case. Using deficient, faulty or flawed products can have tragic ramifications. What constitutes a defective product and what rights do you, as a consumer, have if you have suffered a debilitating injury from using such products?
Both of these segments are covered by product liability. This is an area of law which holds manufacturers, distributors, suppliers and retailers liable for injuries or death caused by the products they design, manufacture, distribute and sell. Although, the term ‘product’ has many connotations, product liability is often, but not necessarily, limited to tangible products that make personal property.
“Products” cover a wide array of categories including:
- Medical devices, medicines and drugs
- Machines and tools
- Vehicles and vehicle accessories (car brakes, seat belts, airbags and child car seats)
- Children’s products
- Food and tobacco
- Household products and appliances
- Construction equipment (like scaffolding)
- Personal hygiene products
- Clothing and footwear
- Additionally, product liability law covers intangible products like toxic substances (gases, asbestos, pesticides, mold) as well as pets, real estate and written material (like navigation charts).
What constitutes a defective product?
There are three categories of product defects that designers, manufacturers or suppliers can be held legally liable:
- Design defect – is a problem or condition that existed in the product even before it was manufactured. Unlike manufacturing defects, this defect relates to flaws in the manufacturer’s product design plans which could have been avoided if the product had been modified or redesigned.
- Production / manufacturing defect – this type of defect arises during the manufacturing / production process itself. The defect occurs when a manufacturer makes an error while making the product.
- Marketing defect or “failure to warn” – includes inadequate instructions for proper and safe use, and failure on a manufacturer’s part to properly warn a consumer about dangerous features of a product and associated risks.
In the United States, most of product liability laws are determined by each individual state and product liability cases are usually quite complex with unique elements and procedures.
Product Liability Lawyers
If you are unclear of whether or not you have a claim, the best thing to do would be to contact an experienced product liability lawyer for a free initial consultation. We, at Gurfein Douglas, can provide you with professional legal assistance and inform you of your legal options in regard to product liability lawsuits.
Furthermore, product liability attorneys at Gurfein Douglas will help you to:
- Establish a connection between the faulty product and your injuries or the death of your loved one;
- Open a dialogue with the designer / manufacturer / supplier / retailer whose products have caused injury or death;
- Collect required evidence;
- File relevant court documents and open settlement negotiations with the defendant;
- Get the appropriate compensation for the damages you have suffered.
Recoverable damages in product liability lawsuit include, but are not limited to, medical costs, lost wages / economic losses, permanent physical injury, damage or destruction of property, physical pain and suffering, loss of enjoyment of life, emotional distress and punitive damages.
Product liability lawyers at Gurfein Douglas have successfully represented workers, homeowners and car drivers / passengers in many types of complex product liability cases.
Here is a small selection of our successful cases:
- Our lawyers have secured a $2 million settlement for a six-month-old baby who sustained a brain injury in a car accident because the car failed to stand up to the accident properly. Not only are vehicles supposed to protect the driver and the passengers from injury from the crash, but they are also supposed to protect them from the second impact with the vehicle's interior.
- A 27-year-old maintenance worker was awarded a $3.1 million settlement after sustaining injuries from using an unsafe lift machine. The jury found that designing the lift without a proper interlock (found in common elevator doors) made the machine unsafe. This settlement will provide the worker with a lifetime income and enough money for comfortable life.
- New York Federal Court awarded $1.5 million to a woman whose hand and wrist were crushed by a press which made vinyl LP records. The plaintiff, mother of 5 children, lost her hand at the wrist and wore a “claw” type of prosthesis on her left arm.
One of the product liability / personal injury actions that we are particularly proud of involves representing families affected by the consequences of taking an anti-morning sickness medication, Zofran, during the first trimester of pregnancy. Together with a New Jersey based law firm Britcher, Leone & Roth, LLC, we have formed The Zofran Advice Team as a joint venture of two leading product liability / personal injury / mass tort law firms representing clients across the United States.
NEW YORK PERSONAL INJURY LAWYERS WITH AN EDGE
For nearly 40 years, Gurfein Douglas attorneys have been fighting for the rights of individuals in personal injury cases. These dedicated lawyers handle cases involving catastrophic injuries from construction accidents, product failures and medical errors. The firm continues to be the one other lawyers turn to with their significant injury cases.
Attorneys at Gurfein Douglas offer their clients extensive knowledge, passion and commitment to each case. Richard Gurfein holds a degree in engineering and Preston Douglas holds a degree in biochemistry. They both lecture locally and nationally to bar groups on topics ranging from medical malpractice to courtroom evidence and law office technology. During his tenure as president of the New York State Trial Lawyers Association (NYSTLA), Gurfein was instrumental in changing jury selection laws to end bias against the injured victim. Douglas has contributed multiple articles to various law publications and is currently the editor in chief of the NYSTLA’s New York Litigation Review.