At Dalbir Singh & Associates, P.C., we have a proven track record of successfully resolving personal injury cases for over 15 years. Our experienced personal injury attorneys are dedicated to helping you rebuild your life after a product liability incident and will strive for the best possible outcome in your case.
Thousands of injuries occur each year due to dangerous and defective products. If you have been injured by a faulty product, our determined and experienced litigators will ensure that the seller or manufacturer is held accountable for your suffering. At Dalbir Singh & Associates, P.C., we see you as more than just a case number. Our attorneys will fight tirelessly on your behalf to secure the settlement you rightfully deserve.
Under New York State law, the most common types of product liability claims are related to manufacturing defects, design defects, and marketing defects.
Statute Of Limitations (New York Consolidated Laws, Civil Practice Law, and Rules – CVP 214-c)
According to the statute of limitations, you must file a product liability claim within three (3) years from the date of the incident.
Strict Liability (NY PJI 2:120)
The strict liability theory holds that if a defective product is sold by a manufacturer, distributor, retailer, or any other party, they are responsible for any injuries caused by that product.
Negligence (PJI 2:125)
Under the negligence theory, a plaintiff claiming injury due to a defective product must prove that the manufacturer failed to exercise proper care during the manufacturing process.
Breach Of Warranty
The breach of warranty theory allows an injured person to file a claim if there has been a breach of an implied or explicit warranty related to the product.
Breach Of Contract
According to the breach of contract theory, if a party fails to fulfill their contractual obligations, it may result in physical or emotional harm.
Implied Warranty of Merchantability (New York Consolidated Laws, Uniform Commercial Code – UCC 2-A-212)
The implied warranty of merchantability states that a product purchased from a merchant is expected to perform adequately for its intended purposes.
In New York, anyone involved in the distribution chain of a product may be held liable, including manufacturers, retailers, suppliers, distributors, consultants, wholesalers, contractors, designers, quality control engineers, and health professionals.
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When you sustain injuries from a defective or dangerous product, you may face significant medical expenses such as surgeries, specialized treatments, and rehabilitation. You have the right to seek compensation for these medical bills.
If your injuries prevent you from working, you can pursue compensation for the wages you have lost. This includes not only your regular income but also potential lost profits if you own a business that has been impacted by your injury.
Pain And Suffering
Physical pain and emotional distress resulting from your product-related injury deserve recognition. You can seek compensation for the pain and suffering you have endured.
Loss Of Enjoyment
If your injury has robbed you of the ability to participate in activities you once enjoyed, you have the right to seek compensation for the loss of enjoyment and the diminished quality of life you have experienced.
Loss Of Consortium
If your relationship with your spouse has been negatively affected by your injury, you can pursue compensation for the loss of consortium. This includes the loss of companionship, intimacy, and support within your spousal relationship.
Product liability in New York City refers to the legal responsibility of manufacturers, distributors, and sellers for injuries or damages caused by defective or unsafe products.
Product defects that can lead to a product liability claim include design defects, manufacturing defects, and inadequate warnings or instructions.
If you are injured by a defective product in New York City, seek medical attention for your injuries. Preserve the product and any relevant documentation, report the incident to the manufacturer or seller, and consult with an experienced product liability attorney.
Various parties can be held liable in a product liability claim in New York City, including manufacturers, distributors, retailers, and even component part manufacturers if they contributed to the defect.
In a product liability claim, you may seek compensation for medical expenses, lost wages, pain and suffering, rehabilitation costs, property damage, and other damages resulting from the defective product.
Yes, there is a time limit, known as the statute of limitations, to file a product liability claim in New York City. Generally, the claim must be filed within three years from the date of the injury or discovery of the defect.
In New York City, you do not necessarily need to prove negligence in a product liability claim. Instead, you must show that the product was defective and that the defect caused your injuries while being used as intended or as reasonably foreseeable.
An experienced product liability attorney can assist with a claim by conducting a thorough investigation, gathering evidence to establish the defect, calculating damages, negotiating with insurance companies, and advocating for your rights to secure fair compensation.
Yes, if multiple individuals were injured by the same defective product, it may be possible to join a class-action lawsuit. This allows you to pool resources and share legal representation with other claimants.
Finding the right attorney for your product liability claim in New York City is crucial. Look for attorneys with experience in product liability law, a successful track record, and positive client reviews. Seek recommendations, schedule consultations, and choose an attorney who best meets your needs.
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