We live in a world of products. Food, medicine, cars, toys, furniture and tools — every day we use and depend on these and countless other products. Thankfully, the vast majority of them are safe and reliable.
But some products don’t work like they are supposed to. And some are so inherently dangerous they should never have been offered to the public in the first place.
Have you or someone you know been injured by a defective product? You might be entitled to financial compensation. Find out by talking to a New York and New Jersey product liability lawyer at Ginarte Gallardo Gonzalez Winograd L.L.P., today. Call 1-888-GINARTE (1-888-446-2783) or use our online contact form. The consultation is free.
Dangerous Products Cause Deaths and Injuries
Each year, more than 29 million injuries and 22,000 deaths in the United States are caused by defective products, according to the Consumer Products Safety Commission.
Babies and young children are particularly at risk. The child safety organization, Safe Kids USA, found that an average of 168,000 children are treated in hospital emergency rooms each year for injuries from toys alone.
Defective products fall into three main categories:
- Design Defects. These occur in the early stages of creation, when a product is first conceived and drawn up and before manufacturing begins. In general terms, a product has a design defect if the risk of harm was foreseeable and could have been reduced or eliminated through a safer design. If a product has a design defect, every single item that is manufactured is likely to be defective.
- Manufacturing Defects. These arise because of some flaw in the production phase. Some models that come off the assembly line may be safe, while others might be defective. The problem could be equipment failure or poor quality control. The manufacturer may be liable for not fixing the machinery or detecting the error before the defective product reaches the consumer.
- Failure to Warn. This happens when a product may be safe if used in one way but hazardous if used in another, foreseeable manner. In such situations, the product should include a clear and visible warning that gives the consumer notice of the danger and its consequences. If there is no safety warning, the product could be considered defective.
Sometimes an injured consumer might be able to recover compensation without having to prove that the manufacturer was negligent. This is known as strict liability.
To establish a claim of strict liability, a consumer must show:
- The product had an “unreasonably dangerous” defect.
- The defect caused injury during routine and proper use of the product.
- The product had not been altered from the condition in which it was originally sold.
Compensation for Injuries from Dangerous Products
The New York and New Jersey products liability team at the Ginarte law firm has more than 150 years of combined experience fighting for people who have been hurt or killed by unsafe products, such as:
- Toys and playthings that are harmful to children
- Food and grocery items that cause illness or health problems
- Products containing lead or other toxic substances
- Dangerous products purchased from stores or online
People who are injured by a dangerous product can file a claim of product liability even if they were not the original purchaser.
Talk to a New York | New Jersey Dangerous Products Attorney
The products liability lawyers at the Ginarte law firm believe that when a person is hurt or killed by a defective product, the manufacturer should be held responsible. Other people or companies might be liable as well, including retailers, distributors, or designers.