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New York City Product Liability Lawyers

New York City Personal Injury Lawyer  >  New York City Product Liability Lawyers

Every day, we trust the products we use to be safe, reliable, and free from harm. Unfortunately, defective products can shatter that trust and lead to devastating injuries. If you or a loved one has been harmed by a faulty or dangerous product, you don't have to face this battle alone. A New York City product liability lawyer at The Rothenberg Law Firm LLP is here to help you seek justice and secure the compensation you deserve. Contact us today for experienced, compassionate legal guidance.Call us today for a free, no obligation consultation.

Why Choose the Rothenberg Law Firm for Your Product Liability Case?

When you're seeking justice after a serious injury caused by a defective product, you need a law firm with experience, resources, and a track record of success. For over 50 years, The Rothenberg Law Firm has been fighting for people just like you, recovering billions of dollars for injury victims and their families. Our enduring commitment to justice and client care is what sets us apart.

At the Rothenberg Law Firm, we treat every client as if they were a member of our own family. We understand the immense emotional, physical, and financial toll a serious injury can take. That's why we don't just represent you in court; we guide and support you through every step of the process. From working with medical experts to connecting you with counselors and advisors, our team is here to help rebuild what's been broken.

What makes us different? We are not afraid to take on big corporations or insurance giants. We prepare every case as though it's going to trial and fight aggressively to maximize your recovery. While some law firms settle cases quickly for lesser amounts, we won't stop fighting until you get full and fair compensation for the injuries and losses you've endured. With one of our skilled attorneys by your side, you can focus on healing while we handle the heavy lifting.

What is Product Liability?

Product liability is an area of law designed to protect consumers from harm caused by defective products. When a product is unsafe due to its design, manufacturing process, or labeling, and someone is injured as a result, the manufacturer, distributor, retailer, or other responsible parties can be held legally accountable.

The purpose of product liability law isn't just to ensure you are compensated for your injuries. It also acts as a safeguard to keep dangerous products off the market, making the world safer for everyone. Companies have a legal and moral responsibility to ensure their products meet safety standards. When they fail to fulfill this duty, the law allows injured consumers to hold them accountable through product liability claims.

At its core, product liability is about fairness and accountability. When manufacturers and retailers prioritize profit over safety, it's ordinary people who pay the price. Filing a claim can be a daunting process. A skilled product liability lawyer from the Rothenberg Law Firm can walk you through the process, help gather evidence, and advocate on your behalf to secure the compensation you deserve.

What Makes a Valid Product Liability Case?

Not every injury related to a product will lead to a valid product liability case. For a case to stand, it must meet certain legal criteria. While every situation is unique, here are the key elements that make up a successful product liability claim:

  1. The Product Was Defective: The first step is proving the product in question was defective. This could mean a flaw in its design, a mistake during manufacturing, or insufficient warnings or instructions for safe use.
  2. The Defect Caused the Injury: Simply showing that a product was defective isn't enough. Your lawyer must prove that the defect directly caused your injury. This typically requires evidence such as expert analysis, photographs of the product, or witness testimony.
  3. The Product Was Used as Intended: To bring a valid claim, your lawyer must show that you were using the product in a reasonable and expected way when the injury occurred. For instance, if a chair collapses while you're sitting on it, and this results in an injury, you were using it as intended.
  4. You Suffered Damages or Harm: Finally, your lawyer must demonstrate that the defective product caused actual harm. This could include medical bills, lost wages, emotional distress, or pain and suffering.

Proving these key elements can be complex, especially if the manufacturer or insurance company tries to argue against your claim. That's why partnering with a seasoned New York City product liability attorney is essential.

Types of Product Defects

Defective products typically fall into one of three categories of defects. Understanding these categories is crucial to building a solid product liability case. Below, we detail the main types:

  • Design Defects

A design defect occurs when a product is inherently dangerous due to the way it was planned or designed. Even if it was manufactured perfectly according to the design, the product poses a risk to users. These flaws affect every unit of the product, making them especially serious.

  • Manufacturing Defects

Manufacturing defects arise during the production or assembly process. With these defects, the product's design itself may be safe, but errors during manufacturing make certain units unsafe. This type of defect usually affects a limited number of products or batches.

  • Labeling Defects (Failure to Warn)

Labeling defects, also known as failure-to-warn defects, occur when a product lacks proper instructions or warnings about potential risks associated with its use. Without sufficient labeling, consumers may unknowingly use products in harmful ways.

Each type of defect requires a careful investigation to determine the source of the issue. The experienced lawyers at Rothenberg Law Firm have access to top-tier experts in product safety and engineering to thoroughly evaluate your case. 

Examples of Defective Products

Defective products come in many shapes and sizes, and the accidents they cause can range from minor injuries to life-altering harm. While we expect the items we purchase to be designed and manufactured with care, this isn't always the case. Below are some common examples of defective products and the dangers they can pose:

  • Defective Auto Parts (e.g., faulty brakes or airbags) - Can lead to traffic accidents, severe injuries, or fatalities.
  • Unsafe Medications or Medical Devices (e.g., contaminated drugs or malfunctioning implants) - May cause harmful side effects, infections, or long-term health conditions.
  • Child or Baby Products (e.g., defective cribs or car seats) - Can result in falls, suffocation, or other serious injuries to the most vulnerable users.
  • Household Appliances and Tools (e.g., faulty wiring in heaters or defective power tools) - May cause fires, electrical shocks, or other dangerous accidents.
  • Industrial or Construction Equipment (e.g., defective scaffolding or machinery) - Poses risks like crushing injuries, amputations, or falls for workers.
  • Toys and Recreational Items (e.g., choking hazards or unsafe playground equipment) - Can cause harm to children during play.
  • Food Products (e.g., contamination from harmful bacteria) - Might lead to foodborne illnesses or poisoning.

These are just a few examples of the many dangerous defects that can exist in the products we use daily. If a defective product has caused harm to you or your loved one, it's important to take action to seek justice and prevent others from suffering the same injury.

Compensation Available in a New York City Product Liability Case

If you've been injured by a defective product, a successful product liability claim can help you recover the financial support you need to rebuild your life. The compensation available in a New York City product liability case typically falls into the following categories:

  • Medical Expenses - Covers the costs of past, present, and future medical treatments, including hospital stays, surgeries, rehabilitation, medication, and assistive devices.
  • Lost Income - Compensates for income lost due to time missed from work and any reduction in earning capacity if your injuries prevent you from returning to your previous job.
  • Pain and Suffering - Accounts for the physical pain, emotional distress, and diminished quality of life resulting from your injury.
  • Property Damage - Reimburses you for any personal property, such as a vehicle or clothing, that was damaged due to the defective product.
  • Punitive Damages - In certain cases, courts may award punitive damages to punish manufacturers or companies that acted with gross negligence or willful misconduct.

Every case is unique, and the specific compensation you may be entitled to will depend on the circumstances surrounding your claim. Our lawyers can evaluate your case and fight to secure the maximum compensation you deserve.

How Can a Lawyer Help with My Product Liability Claim?

Pursuing a product liability claim can be a complex process, especially when you're trying to recover from an injury. Hiring a skilled product liability attorney can make all the difference in the outcome of your case. Here's how an attorney can assist you:

  • Building a Strong Case

Your lawyer will investigate the facts of your case, gather crucial evidence, and consult with industry experts to prove that the product was defective and caused your injury.

  • Navigating the Legal Process

The legal system can be confusing and filled with procedural hurdles. A lawyer will handle all legal filings, documentation, and deadlines to ensure your case proceeds smoothly.

  • Negotiating with Insurance Companies

Insurance adjusters often try to minimize payouts to injury victims. Your lawyer will negotiate aggressively on your behalf, standing up to insurers to secure a fair settlement.

  • Taking Your Case to Trial

If a settlement cannot be reached, your lawyer will be prepared to present your case in court. Lawyers at the Rothenberg Law Firm are trial-ready and will fight tirelessly for the full compensation you deserve.

By working with an experienced lawyer, you can focus on healing while trusting that your case is in the best hands.

Contact the New York City Product Liability Lawyers at The Rothenberg Law Firm LLP Today

If you suffered harm from a defective product, you deserve compensation for your medical bills and other losses. At the Rothenberg Law Firm LLP, we're committed to being your strongest advocate, offering compassionate guidance and tenacious representation when you need it most.

With over 50 years of experience and billions recovered for our clients, we have the knowledge and dedication necessary to take on the toughest product liability cases. Contact us today at (866) 771-4988 or through our online form for a free, no-obligation consultation. Together, we'll fight to hold negligent companies accountable and secure the justice you deserve.

Call us today for a free, no obligation consultation.

NYC Product Liability FAQs

Here are answers to some of the most common questions we hear about product liability cases in New York City:What is the statute of limitations for a product liability case in NYC?

Under New York law, you generally have three years from the date of your injury to file a product liability claim. However, certain circumstances can alter this timeline, making it important to consult an attorney as soon as possible.How much does it cost to hire a product liability lawyer?

At the Rothenberg Law Firm, we work on a contingency fee basis. This means you don't pay any upfront fees, and we only get paid attorney's fees if we recover compensation for your case.Who can be held responsible for my injuries?

Any entity involved in the chain of distribution for the defective product, including manufacturers, distributors, and retailers, may be held liable for your injuries.What should I do if I've been injured by a defective product?

After receiving medical attention, preserve the product and any packaging or instructions that came with it. Then, contact a lawyer before speaking with insurance companies or filing a report to discuss your legal options.Can I file a claim even if I wasn't the one who purchased the product?

Yes, you don't need to be the purchaser of the product to bring a claim. If a defective product injured you while you were using it, you may still have a valid case.

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Frequently Asked Questions

Get Answers to your personal injury claim questions:

What is a personal injury accident?

A personal injury accident refers to injuries caused by another party’s intentional, negligent, or reckless actions. Under personal injury law, someone injured can file a claim or lawsuit for fair compensation for injuries.

Personal injury law is a part of tort law, which covers conduct that results in injury, harm, or loss. If someone hurts you, they are liable for damages. A personal injury attorney can help you recover what you are owed.

What types of accidents do personal injury lawyers handle?

There are many different types of personal injury lawsuits. Some of our trial lawyers’ practice areas

include:

  • Motor Vehicle Accidents: Car accidents, truck accidents, and motorcycle accidents are very common. These types of accidents are often a result of another driver’s negligence. If you were involved in an auto accident, you may have suffered serious injuries that require long-term medical care, lost wages and more. An insurance company will try to offer you the least amount for your claim. An auto accident claim brought by a personal injury attorney will help you recover maximum compensation.
  • Medical Malpractice: Mistakes in medical records and errors in medical treatment are preventable. We go to the doctor to get better, not worse. And yet, medical malpractice often leads to serious injury or death. Money can never replace your health, but medical negligence requires fair compensation.
  • Slip and Fall Accidents: We have all slipped on wet floors or icy sidewalks. Or maybe you have fallen in a poorly lit movie theater? When you or a loved one is injured by a slip or fall, it’s possible to bring a premises liability case against the property owner. It is not your fault you slipped and fell because of dangerous conditions or hidden hazards.
  • Premises Liability Accidents: Injuries can be caused by hazardous or unsafe conditions on someone else’s property. However, slip and fall accidents are not the only type of premises liability claim. Assaults due to inadequate security or objects falling on people are other common examples.
  • Construction Accidents: Few industries are as dangerous as construction. Many things can go wrong on a construction site leading to serious or deadly worker injury. Worker’s compensation is not your only option in securing benefits after a devastating incident in the workplace.
  • Traumatic Brain Injuries and Spinal Cord Injuries: Traumatic brain injuries (TBI) are a leading cause of death in the US. Living with a spinal cord injury or TBI requires constant medical care. These catastrophic injuries generally result in permanent disability and are the basis for many personal injury lawsuits.
  • Birth Injuries are avoidable. The resulting damage, however, is permanent. When your baby suffers a traumatic birth injury due to negligent hospitals or medical professionals, you need an experienced birth injury lawyer on your side.
  • Dangerous Drugs: Millions of Americans rely on prescription and over-the-counter medications for their health and wellness. However, drug manufacturers have put people’s lives at risk by failing to warn them about potential dangers and side-effects. If you have developed an injury or illness due to a prescription drug, you may be entitled to compensation.
  • Nursing Home Abuse: A national survey of nursing home staff revealed that 36% of residents experience at least one act of physical abuse of a resident. This is unacceptable. Families trust nursing homes and assisted care facilities to care for our grandparents. Sadly, employees often inflict harm to vulnerable residents.
  • Product Liability: A minor defect might cause an inconvenience, but a major product defect can be devastating. If you are injured while using a defective product, it’s possible to sue for damages. Manufacturers, wholesalers and retailers are often held to state product liability laws. Hiring a personal injury lawyer can help you navigate specific deadlines for a filing product liability claim.
  • Workplace Accidents: Have you been injured on the job? Serious injuries, including amputations, paralysis and traumatic brain injury are painful, expensive, and leave you unable to work. Although worker’s compensation grants certain benefits, you may be able to bring a third party claim against the party responsible for your injuries.

Unfortunately, someone’s negligence can also lead to a family member passing away. When this happens, we can also file a wrongful death action to collect damages on their behalf. No amount of money can bring back your loved one, but we will help to make sure you get the financial compensation you deserve for the loss of your loved one.

How do I know if I have a case for an injury lawsuit?

You may wonder whether your injuries are serious enough to pursue legal action. Under the law, you can seek damages when you suffer a loss that is due to someone else’s negligence. To file a personal injury claim, two key elements are required:

  1. A breach of legal duty between the wrong-doer (the defendant) and the  injured person (the plaintiff) and
  2. Damages that occur because of that breach.

In other words, you can file a personal injury claim when someone else's actions lead to an injury. When both elements take place, a ”tort” occurs. Each situation is different so it's important to discuss the details of your potential case with an attorney. Our team of lawyers has the technical know-how to answer any questions you may have.

What damages can I seek in a Personal Injury Settlement or Case?

Once a personal injury has occurred, the defendant is liable to make good for the damage done. “Damages” are what is owed to you to compensate you for your loss.

It’s not always necessary to go to trial or to file an injury lawsuit. Your personal injury attorney may be able to agree on damages in a personal injury settlement. However, regardless of the extent of your injuries, you need an attorney on your side to make sure that the monetary damages offered to you by the defendant’s insurance company will fully cover your losses.

Damages you may be entitled to are for pain and suffering, lost past wages, loss of future wages, past medical care, future medical care and expenses and more. Therefore, if you were injured, are unable to work, or require ongoing medical care you should pursue a personal injury accident case.

Beyond the damages above known as compensatory damages,  sometimes, a defendant’s actions are so malicious or careless that you may be awarded punitive damages. These damages are paid in addition to actual damages in your personal injury case. They are not compensation for your losses. Punitive damages are awarded to punish the defendant and help prevent others from doing the same.

We understand that unplanned injuries and deaths overwhelm families. Family members carry the burden of arranging medical care and managing medical expenses. We know money cannot fix or replace what you lost, but legal action can help with closure and help you manage the increased expenses that occur when dealing with an injury after an accident. Furthermore,  family members can receive damages for funeral and burial costs if a loved one passes away.

If you decide to pursue a personal injury case, we will ask you to provide us with any documentation you have on the accident. These documents will help us determine damages owed. We will need photos, videos, statements, insurance documents, police reports, and any other information on your injuries or the accident scene. We of course will help you try to obtain the documents you need and will work with you every step of the legal process. You and your loved ones do not have to shoulder the cost of another’s actions. It’s important you hire an experienced attorney with a great track record of winning the compensation you deserve.

How do lawyers determine who's at fault?

Before we can assess how much in damages you may be owed, it is important to determine liability. Liability for a personal injury accident is caused by negligence, intentional acts or falls under the category of “strict liability.”

  • Negligence - Let’s say someone does not stop at a red light and proceeds through an intersection and hits your car. This is an example of a negligent act. Negligence happens when someone fails to take appropriate action and you are harmed as a result.
  • Intentional Act - Some individuals intend to hurt others. Intentional harm is when someone not only wants to hurt you, but does so on purpose. A person grabbing a baseball bat and hitting you with it is considered an intentional act.
  • Strict Liability does not depend on neglect or intent to harm. It is a unique theory that claims a person is liable for their actions even when the outcome is unintentional. This means that people and businesses have to pay for damages even if they are not at fault. For example:
    • Product liability is a common example of when strict liability may apply. Product manufacturers are responsible for ensuring their products are safe when used as directed. If you’re injured while using a product, you need to prove the product was defective through no fault of your own.
    • Dog bites are another example of injuries that may fall under strict liability. Often, dog bites fall under a blend of strict liability and negligence. Many states have laws that hold dog owners strictly liable if their dog bites someone without provocation. If a dog has already been deemed dangerous, the owner is legally responsible for damages the dog caused.

Great legal representation can take the guesswork out of complicated legal practices. If you have any questions about who is at fault in your accident, call The Rothenberg Law Firm at 1-800-624-8888 for a free case evaluation today.

How much is my personal injury case worth?

You might think your personal injury case isn’t worth pursuing. However, damages are determined by a variety of factors. These factors help us determine what the liable party should have to pay.

Our lawyers are highly skilled in assessing damages. We work with you, your medical team, and other experts to determine your losses. The circumstances of your accident and the severity of your injuries, among other things affect the value of your case. We present our findings to a jury or during settlement negotiations with insurance companies and the defendant.

You will receive an honest assessment of your claim. We estimate the potential damages throughout your case and update you as things change. How much you can recover in damages includes the value of:

  • Medical bills - damages may include the past, present, and future costs related to the accident including hospital stays, doctor appointments, medical equipment, diagnostic testing, physical therapy, and more.
  • Lost wages - often, injury victims are unable to work for some time after their injury. You may need to miss work often. Taking time off for doctor appointments and medical treatments can quickly chip away at your income. We calculate lost wages using documentation of the days you missed, your regular rate of pay, and a statement from your employer.
  • Loss of earning capacity - sometimes injuries are so severe that you cannot continue working as you did before. You may need to retrain in a new industry, or have become disabled. You can receive financial compensation for what you would have earned if the accident didn’t happen. There are situations in which our firm would hire an economist or vocational expert to determine the amount of lost future income your injuries may have caused.
  • Loss of consortium - relationships are greatly impacted by injuries and loss of income. Rising medical bills and a complete change in lifestyle can make it hard for loved ones to be there for each other. If you or a spouse were injured to such an extent that one of you can’t possibly carry on a complete relationship with the other (or they were killed), you can be compensated for loss of companionship.
  • Punitive Damages - if there was a clear disregard for human life in your personal injury accident, you may be awarded punitive damages to make an example of the defendant.
  • Wrongful death - These claims can be filed by survivors of individual(s) killed by someone else’s negligence or misconduct. Courts can award compensation for lost love, support, and income of the deceased family member.
  • Pain and suffering - anxiety, difficulty sleeping, depression, severe mental trauma or PTSD are unfortunate effects of a personal injury accident. Comprehensive and accurate records from your therapist, psychologist, or psychiatrist can help in estimating damages.

While you might be unsure as to how to navigate the legal process, our attorneys will handle everything for you. After evaluating your injuries and all of the evidence surrounding your case, we can paint a full picture of what happened in your personal injury accident. The personal injury trial lawyers at our office have a great track record of getting you the compensation you deserve.

Your initial consultation with a personal injury attorney is always FREE!

Do I need a personal injury lawyer?

After an injury accident, you may not know what to do. You might have limited time and money. Like most people, one of the first questions you’ll have is whether or not you really need an attorney. You may want to try and settle with the liable party by yourself. However, being injured is stressful enough. Not only that, but the person or party that injured you will have a team of insurance company lawyers working against you to make sure you receive the least amount of money for your injuries as possible. Our attorneys help you manage that stress by handling all aspects of your personal injury claim and we will work hard to make sure the defendant’s insurance company will pay you the amount of money you deserve.

There is limited time to file a personal injury lawsuit due to statutes of limitations. Once this deadline passes, you lose your right to recover damages through a lawsuit. New York generally has a three-year limit, while New Jersey and Pennsylvania generally have a two-year statute of limitation. Medical malpractice often has separate deadlines, so it is best to speak with an attorney as soon as you can.

Nobody is required to have a personal injury attorney. Yet your peace of mind shouldn’t be interrupted by lowball offers or intimidating insurance companies. Keep in mind that if you handle your own personal injury claim, insurance companies or the defendant might offer you a small amount of money just to get you to go away.

There is no substitute for experience. The Rothenberg Law Firm has over fifty years of experience dealing with insurance adjusters, evaluating claims, and going up against major corporations to ensure you receive the financial compensation you deserve.

Most personal injury claims are resolved through insurance claims and the amount of damages vary based on the type of accident. An insurance company may refuse to offer fair compensation for your specific injury and we, therefore, become your spokesperson and advocate to the insurance companies and are ready to go to trial if we cannot reach a fair settlement.

Our lawyers will deal with insurance companies and difficult insurance adjusters. We will diligently gather all the necessary evidence to prove the other party is at fault. We will defend your rights and fight for fair compensation that will cover all medical and financial damages.

Our trial lawyers will fight until the end to ensure the negligent party is held accountable for their actions. All you need to focus on is your medical treatment and getting better.

Best of all, there are no upfront fees in working with an injury lawyer. Our personal injury attorneys work on a contingency fee basis, which means that you do not pay anything unless we win your case. This allows you to continue focusing on your recovery while our attorneys pursue fair compensation on your behalf.

Can I afford a personal injury lawyer?

At The Rothenberg Law Firm, we offer a free case evaluation for injury victims. This gives you a chance to discuss what happened in your personal injury accident with a skilled attorney. You need answers and are entitled to know your available legal options at no cost. There is no obligation to pursue a case if you choose not to.

Many personal injury attorneys like those at The Rothenberg Law Firm do not charge any fees upfront. Instead, we work on what is known as a contingency fee basis. This grants you free access to attorneys who can help you through the legal process. We only take attorney’s fees if we are successful in recovering money for you.

It might feel intimidating to go up against a large insurance company or major corporation alone. The Rothenberg Law Firm has the size and experience needed to level the playing field against those who might consider you as a mere nuisance. With experienced legal counsel on your side, you can rest easy knowing your rights are protected.

Contact Us for A Free Case Review

Count on The Rothenberg Law Firm for sound legal guidance, support and advocacy

If you have been injured in an accident caused by someone else's negligence, we have the answers you need. Our dedicated staff is available 24/6 to discuss your situation and outline the best steps moving forward.

All cases are taken on a contingency-fee basis, so there are no upfront expenses or attorney fees unless and until we are successful in securing money damages for you. We are results-focused attorneys who have won and collected billions of dollars on behalf of clients in all types of injury matters, so you can feel confident in our commitment to personalized attention and client satisfaction.

Our seven office locations provide access to high-caliber advocacy when you need it most. Get in touch with us today to learn more about our services and how we can protect your rights. We will review your case free of charge and determine if you have grounds for a personal injury case.

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