Product Defect Lawyer
If you are looking for a product liability lawyer New York NY residents trust, you can feel confident in knowing that you are in the right place. The Law Offices of Laurence C. Tarowsky has extensive experience helping clients seek maximum damages after being injured from a defective product. To schedule a consultation with a product defect lawyer, please call 212-947-2099 today.
Understanding Product Liability Claims
Every year, thousands of people are seriously hurt or killed because of a product that does not work as it is supposed to. A product liability claim may seek to hold manufacturers, distributors, and/or sellers responsible for a defective product that led to injury or death.
A product liability lawyer New York NY families call knows that these types of claims typically fall into at least one of three categories:
1. Failure to Warn: The American National Standards Institute (ANSI) have set standards for warning labels that manufacturers must adhere to. A warning label should:
- Inform the consumer of any existing risks
- Inform the consumer of potential risks and their severity when the product is used
- Inform the consumer of the effects of the risks
- Inform the consumer on how to prevent the risks
When the manufacturer, or any party in the chain of distribution, does not adequately warn potential consumers of a product, and an injury occurs, a NYC product liability lawyer can pursue a product liability claim.
2. Defective Design: A design defect happens when there is a flaw in the original design of a product which causes it to be dangerous and risky for consumers. This is a common type of product defect and one that many companies may experience at one point or another.
A product liability lawyer New York NY victims recommend might ask three questions to determine whether or not there a defect existed:
- Was the design unreasonably dangerous or risky before production ensued?
- Was it plausible to anticipate beforehand that the product design could cause harm?
Could a superior design have been used that would not have altered the product, but made it safer?
If affirmative answers are found, there could be grounds for a product defect claim. Call a product liability lawyer in New York NY from the Law Offices of Laurence C. Tarowsky to learn more.
3. Manufacturing Defects: When there is an error in assembly, a manufacturing defect could be the result. In theory, a manufacturer will be liable for any defects that result from faulty construction. This may be applicable whether or not they took great care during the process of manufacturing the product.
What Product Liability Claims Might Be Premised On
In general, any product liability claim will be premised on common law negligence or strict liability. In the former, negligence must be proven; whereas, in the later, it does not. In certain cases, a claim can be premised on contractual theories such as a breach of warranty. It is also possible that the type of product defect overlaps with another of the three types which can result in multiple premises for a claim.
Individual Product Liability Claim or Class Action Lawsuit?
It is possible for a product liability lawyer New York NY clients depend on to handle individual claims, and sometimes this is the most appropriate way to seek damages. However, if the defective product harmed a large number of people in the same way, a class action lawsuit could be a better approach. When this is true, a group of lawyers will tend to be involved and represent upwards of thousands of people.
To determine whether or not you may be able to join a class action lawsuit for a product defect, please call our firm today. To schedule a consultation with a product liability lawyer New York NY provides at Law Offices of Laurence C. Tarowsky, please call 212-947-2099.