In New York, there are state laws in place that regulate the production and distribution of goods. Under these laws, manufacturers, suppliers, and retailers are legally obligated to ensure that the consumer products they produce and sell are safe when used for their intended purposes.
Unfortunately, these guidelines and regulations are not always followed, and thousands of consumers are injured by dangerous products every year. Consumers have a right to file a claim for compensation when they are injured by dangerous or defective products. A New York product liability attorney can offer legal advice, identify all liable parties, and help you pursue your right to compensation.
The personal injury lawyers at Cellino Lawknow what it takes to win against large product manufacturers. Our law firm has successfully taken on many product liability lawsuits against big-name companies. If you or a loved one has been injured as a result of a defective product, contact our product liability attorneys today to schedule a free consultation.
What is Product Liability?
The term “product liability” refers to holding a business owner or manufacturer accountable for placing a dangerous or defective product into the hands of consumers. Under product liability law, buyers have legal protections from products that are found to be unreasonably dangerous. Manufacturers are responsible for testing and inspecting the products they make, while sellers are required to make reasonable inspections of what they sell.
There is no federal product liability law. Rather, product claims are based on state laws. Under New York law, the statute of limitations to file a product liability claim is 3 years. This means that the claim or lawsuit must be filed within three years from the date that the injury occurred, or from the date of discovery.
It’s important that you contact a product liability attorney with Cellino Law as soon as possible after being injured by a defective product. It will take time to document your injuries, gather evidence, and file a claim. You don’t want to risk losing your right to financial compensation by missing the New York statute of limitations deadline.
Types of Dangerous Product Defects
During your initial case consultation, one of the New York product liability lawyers from our legal team will sit down with you and determine what parties are responsible for your injuries. From there, we can determine how best to file your claim.
When a product liability claim is filed, it is typically classified under one of the following three categories:
- Design defects: A company may design a product that is dangerous even when used properly. Manufacturers of prescription drugs and medical devices have been included in these types of lawsuits when their products cause more harm than good.
- Failure to warn: A product liability claim can be filed against a manufacturing company for failing to provide instructions on safe product use or failing to warn against potential dangers or hazards. For example, toy manufacturers must warn consumers that their products could be dangerous to children of certain age groups.
- Manufacturing defect: A manufacturing defect occurs at the factory when a product is produced that does not meet specific design requirements. It could be just one item that is affected, such as a foreign object in a can of food. Or the defect could affect an entire product line, like flaws in tire linings that cause blowouts at high speeds.
Mass Tort Product Liability Lawsuits
The personal injury lawyers at Cellino Law have over 60 decades of experience in handling product liability claims. The members of our legal team have the knowledge, skills, and resources needed to take on large companies that are manufacturing products dangerous to consumers. The following are just some of the mass tort product cases we have experience in.
Roundup
Thousands of lawsuits have been filed against the makers of the weed killer Roundup, claiming that it causes cancer. Scientists have discovered a link between glyphosate (the active ingredient in Roundup) and Non-Hodgkin’s lymphoma and leukemia.
Juries have been awarding plaintiffs massive multi-million or even billion-dollar settlement amounts. If you or a loved one has been diagnosed with cancer potentially related to the use of Roundup, contact our law office today to see if you may qualify for compensation.
Hip replacements
Many lawsuits have been filed against manufacturers of metal-on-metal hip replacement implants. The friction of metal-on-metal hip replacement parts causes tiny metal shavings to wear off and enter other parts of the person’s body. This has caused people extreme pain and resulted in all sorts of medical complications.
The majority of metal-on-metal hip implants have been recalled, but not before countless people suffered the consequences. If you or a loved one has been injured due to a defective hip implant, contact our law office today. You may be eligible to recover compensation as part of a mass tort lawsuit.
3M earplug
Earplugs that the company 3M sold to the US military between the years 2003 and 2015 have been found to be defective. The earplugs did not provide proper hearing protection and thousands of servicemen and women have suffered from hearing loss and tinnitus as a result.
If you have suffered a detrimental hearing loss or health issue due to the use of 3M earplugs, you may be entitled to receive financial compensation. A New York product liability lawyer from our law firm would be glad to help you file a 3M earplug lawsuit.
Zantac
Zantac and generic forms of the drug have been used to treat heartburn, acid reflux, and other gastrointestinal issues. Investigations have shown that big-name pharmaceutical companies knew about the link between Zantac and cancer but have covered it up for years. The FDA has since recalled the drug, but not before it harmed thousands of people.
If you have been diagnosed with cancer and took Zantac or a generic form for an extended period of time, you may be eligible to receive financial compensation. Our product liability lawyers are continually reviewing cases related to Zantac and cancer. Contact us today to schedule a free consultation to discuss your case.
Other defective medical devices and drugs
There are many new medical devices that are invented, designed, and manufactured every year. The majority of these new inventions provide relief from pain, promote healing, and improve patients’ lives. However, some harm the very people they were created to help.
Often the reason for this is that pharmaceutical companies launch new drugs and medical devices before fully testing them. If you have suffered an injury
due to a dangerous medication or medical device, the product liability attorneys at Cellino Law want to help.
We have helped our clients with many types of medical device and prescription drug lawsuits including:
Other Common Types of New York Product Liability Claims
Unfortunately, there are many different types of dangerous or defective products that are purchased every day. Some of these products cause serious illness, injuries, or even death.
In addition to the medical devices and pharmaceutical drugs mentioned, people often file New York personal injury claims regarding the following defective products:
- Motor vehicle defects: Auto part defects can occur anywhere in a vehicle. Accidents may result from defective tires, brakes, engines, airbags, seat belts, exhaust systems, or other parts.
- Construction equipment: There are a high number of workplace accidents in the construction industry each year. Employer negligence is often to blame, but defective construction equipment also plays a role. Defective cranes, forklifts, scaffolding, and other equipment results in injuries and deaths every year.
- Children’s products: When a toy malfunctions, it can cause serious injury or even death. Defective toys can result in choking, burns, lead poisoning, and swallowing. And in the case of swallowing, intestinal blockage and other serious issues can result.
- Household appliances: Many people in New York have numerous appliances in their homes to help them perform household tasks. When an appliance is defective, it can cause electrical shocks, fires, or carbon monoxide poisoning. Examples of defective household equipment include furnaces, washers and dryers, and stoves and ovens.
- Home improvement tools: Power tools are widely used and make home improvement projects much easier. However, drills, saws, nail guns, and electrical equipment can be extremely dangerous when they malfunction. These tools should come with proper warnings and instructions as issued by the manufacturers.
Compensation After Your New York Product Liability Accident
At Cellino Law, we firmly believe that when a company manufactures or distributes a defective product, that they should be held accountable for their negligence. While a defective product liability lawyer cannot take away the pain or lost wages that you have suffered, we can help you recover compensation to take the financial burden off of your shoulders during this difficult time.
Depending on your individual situation, your attorney will review your product liability case and may pursue damages for:
- Medical bills
- Lost wages
- At-home care
- Rehabilitation
- Property damage
- Pain and suffering
- Emotional distress
- Wrongful death
- Punitive damages
Contact a New York Product Liability Attorney Today
If you have been injured by a defective or dangerous product, hiring a defective product attorney is an important step to securing compensation. These cases can be extremely complex due to the multiple parties that may be responsible and the intense investigations needed to show how the product malfunctioned. It’s essential to have an experienced legal team representing you that can properly investigate and manage your case.
Our award-winning law firm has been helping the residents of New York secure financial compensation for their personal injuries for over 60 years. During your initial free consultation, we will listen as you explain how your accident occurred and what injuries you have suffered. A lawyer will then answer any questions you have and discuss your legal options.
If a dangerous or defective product has harmed you or made you ill, the New York personal injury lawyers at Cellino Law are here to help. Call us 24/7 at (888) 888-8888 or fill out the online evaluation form to schedule your free consultation today. We charge no fees until you win.
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