When you purchase a product, you have certain expectations. At the very least, it should be well-made and safe for use. And for the vast majority of products, these expectations are met.
Unfortunately, some products fail to meet even these minimal standards. Because they were poorly designed, packaged, produced, or transported, they are dangerous to use. And a dangerous product may seriously harm a consumer.
If a defective product has seriously harmed you, you shouldn’t have to carry the burdens of medical bills or lost income. You deserve compensation for the harm you suffered, and you need a Bronx product liability lawyer to help you get the money you deserve.
Contact Ivan Diamond Bronx Personal Injury Attorney to learn more about your options during a free consultation.
What Bronx Product Liability Lawyer Ivan M. Diamond Can Do for You
Ivan M. Diamond believes that businesses should be held responsible for the harm they cause to their customers. Whether you missed a few days of work due to food poisoning or you may never walk again due to a car accident caused by defective headlights, you deserve compensation for your loss.
Mr. Diamond has been helping Bronx clients pursue claims due to defective products for decades. He understands the law, and he sincerely wants to use it to help you recover quickly.
Starting with an initial free consultation, he will work hard to find a solution to your problem. Mr. Diamond will carefully listen to your story and use that information to determine whether you have a viable case.
If you do, the first step will be determining liability for your claim. The defective product will likely be the first piece of evidence. Mr. Diamond will then conduct research or consult with experts in the industry to determine whether that defect caused the harm you suffered.
After collecting this evidence, he will go after the liable parties with both barrels. Typically, this involves filing court motions and negotiating with the responsible party’s insurance company.
Because Ivan M. Diamond has decades of experience with product liability claims, he knows how to accurately determine the value of your case. And he won’t settle with an insurance company for anything less than that.
In some cases, this may require going to court, but that won’t stop this product liability attorney. He has an excellent record of success at trial and is always ready to fight in court when necessary.
What Causes Defective Products?
Defective products occur when there is a breakdown in the process between the original design and the final sale. This breakdown causes the product to become unsafe when used as instructed.
For example, suppose that a manufacturer produced and sold a ladder designed to hold 300 pounds. However, the manufacturer used screws that could support only 100 pounds. If that ladder then breaks because a person weighing 220 pounds climbs it, they can hold the manufacturer liable for their injuries.
Defects can occur in several stages before you purchase a product:
- During the design stage
- During production
- While the product is in storage
- While the product is transported to retailers or customers
Typically, defects are introduced while the product is still with the manufacturer. However, it is also possible for defects to appear while the product is in the hands of a distributor or seller.
When Liability Attaches
Before pursuing compensation for an injury caused by a defective product, your Bronx product liability attorney must determine who is liable for that injury. Generally, a person or business will be liable if recklessness or negligence directly resulted in the defect that harmed you.
However, New York laws go further by requiring that companies only sell safe items. This is called an implied warranty. It makes any manufacturer that knows or should know about an unsafe product at least partially liable for any injuries from using its product, even if negligence didn’t cause the defect.
Liability Due to Poor Design
The first place where liability can attach is during the design process. During this stage, the manufacturer is supposed to rigorously test the design to ensure that the product won’t cause harm when used as directed.
Similarly, if any potential dangers are inherent in using the product, the manufacturer should include instructions that will alert consumers and help them avoid those dangers.
For example, suppose that a manufacturer sells a cleaning product that is harmful if ingested. The product should include a warning to avoid ingestion. Ensuring a product is safe and adding safety warnings are both essential to the design process. And failing to do either can make the manufacturer liable for injuries the product caused.
Liability Due to Poor Manufacturing
Most defects appear during the manufacturing process in one of two ways: the manufacturer mistakenly diverges from the design, or the manufacturer intentionally uses subpar materials.
In the former case, while the error is a mistake, the manufacturer is supposed to have a testing or quality assurance process to identify mistakes before a defective product goes to market. If it doesn’t, then it is negligent.
The latter case usually arises when a manufacturer cuts corners to save money. This reckless act makes the manufacturer liable for any damages caused by these unsafe cost-cutting measures.
Liability Due to Poor Shipping
Even if a product is manufactured perfectly, it can become defective during transportation. For example, meat needs to be stored in refrigerated trucks during transportation. If the shipping company uses the wrong type of truck or it gets too warm inside, the meat could become rancid.
The shipping company or distributor would typically be responsible for this defect, even if it were accidental. The distributor is responsible for protecting products from damage during transportation.
Liability by a Seller
The most common way for a seller to be liable for a defective product is when the seller does not store the item appropriately before the sale. Products can become defective if they are stored at the wrong temperature, crushed by other products, or even stored in the wrong orientation.
A seller might also be partially liable if it knowingly sells a defective product.
Consider the example of a car dealership whose management team learns that a particular model has faulty brakes. However, they continue to sell the car. The dealership would be liable for selling that car even if the defect was introduced during manufacturing.
Exceptions to Liability
Just because a defective product injures you doesn’t necessarily mean you can get compensation from another party. Certain circumstances can prevent another party from being liable for your injuries.
The most common reason another party may not be liable is if you do not use a product as instructed.
This scenario is common when dealing with chemicals. Suppose that the label of a cleaning product instructs you to wear a mask while using it and to avoid getting it in your eyes. In that case, you couldn’t claim it was defective if you intentionally sprayed it in or near your eyes.
If you were using a defective product in an unusual way, you should tell your Bronx product liability lawyer during the initial consultation. This action won’t always make you ineligible for compensation. But if you hide it from your product liability attorney, it can only hurt your case.
Recalls
Another common way that a manufacturer can reduce or avoid liability is by initiating a recall. When a manufacturer initiates a recall, it publicly acknowledges that the product has a defect that could harm anyone who uses it as instructed.
Often, the manufacturer will offer to repair or replace the product at no cost to the owner. In other cases, the manufacturer will reimburse the owners. Whichever tactic it takes, the manufacturer can limit liability by announcing a product recall.
To properly announce a recall, the manufacturer must make a good-faith attempt to contact all product owners. Typically, this attempt means the manufacturer will send an announcement to owners via email, physical mail, and phone calls.
Additionally, manufacturers announce recalls on their websites and specific government websites. You can find all U.S. recalls on a central website. In addition, vehicle recalls are also made public by the NHTSA, while you can find food and drug recalls on the FDA website.
But even when a manufacturer initiates a recall, it may still bear some liability. If the defective product injured you before the manufacturer initiated the recall, you might be eligible for full compensation.
Additionally, you may still be eligible for compensation if your injury happens after a recall.
These circumstances allow you to pursue a claim after a recall is announced:
- The manufacturer did not make a reasonable attempt to contact you
- You were unaware of the recall when you were injured and hadn’t yet been contacted
- You bought the product after the manufacturer announced the recall, but the seller did not inform you about the recall
If you have been injured by a defective product, carefully record the date it happened and what communication, if any, you received from the manufacturer. Your product liability lawyer needs this information to prove your case.
Common Harm From Defective Products
Defective products can result in many different types of harm. If you ingest spoiled milk, you will suffer a different type of harm than if a defective electronic device sparks and burns down your house. The following are some of the most common hazards posed by defective products.
Electrical Fires
When an electrical device malfunctions, there is a high chance that it will spark a fire. In the best-case scenario, you put the fire out before it does too much damage. But if you are unlucky, it could burn down your house or give you electrical burns.
Car Accidents
Cars have so many parts that it is relatively common for at least one part to be defective. It isn’t a big deal when a speaker or window switch breaks. But when your brakes or other essential components fail, you could easily have a devastating car accident.
Serious car accidents don’t just destroy your vehicle; they can also result in lifelong conditions like traumatic brain injuries or paralysis. Your Bronx product liability attorney can seek compensation for the damaged vehicle, any injuries you suffer, and any lost wages resulting from those injuries.
Bad Drugs or Food
Any time you allow a substance to enter your body, you risk an adverse reaction. The biggest danger of this comes from spoiled food or drugs. If proper safety procedures aren’t taken while making or storing these things, a normally safe drug or food can cause serious harm.
Heavy Equipment Failure
Heavy equipment and industrial tools are similar to cars: These products have many working parts, and when a component is defective, the equipment can seriously harm the operator or those nearby. A circular saw, for example, can severely injure or even kill someone if a blade gets jammed.
Serious equipment failures often happen at workplaces like construction sites or manufacturing plants, but they can also happen at home. When these pieces of equipment are defective, they have a high chance of causing catastrophic injuries.
Act Quickly and Call Ivan Diamond if You Suspect a Defective Product Injury
Defective product cases require meeting tight deadlines. If a defective product injured you, it probably hurt others as well. When other consumers suffered harm, this might help your case. Acting now can get you the compensation you need sooner and it can protect others.
The sooner you consult Ivan Diamond Bronx Personal Injury Attorney, the sooner that Bronx personal injury lawyer Mr. Diamond can start researching your case. Acting quickly after you suffer harm from a defective product will make it more likely that your case will succeed.
If you think by a defective product harmed you in the Bronx, contact us at Ivan Diamond Bronx Personal Injury Attorney at (718) 588-2000 for your free consultation immediately.
Ivan Diamond Bronx Personal Injury Attorney
888 Grand Concourse Suite #1L, 10451
(718) 588-2000
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