Defective Products Lawyers in Rochester, NY
You should not have to worry about being injured by a shoddy or poorly designed product. In fact, New York law protects consumers, like you, against defective products by imposing strict regulations on companies that design and manufacture products. When a company fails to invest the resources needed to ensure the safety of consumers and users of products, serious injuries become a very real possibility.
Whether you have been injured by a poorly designed item you purchased, a manufacturing defect in machinery you used in the workplace or an inadequate product label that failed to warn you about dangerous uses, you need an experienced product liability lawyer on your side.
LaDuca Law Firm is a legal team with more than 30 years of combined experience handling product liability claims in Monroe County, Wayne County and elsewhere in Upstate New York. We fight for our clients because we believe that companies should prioritize the safety and well being of people over profit margins.
The Most Common Types of Defective Products Cases in Upstate New York
Generally speaking, there are three major types of product defects that give rise to a defective products claim:
Manufacturing Defects: Rather than being an inherent flaw in the design of a product, a manufacturing defect is an accident or mistake during production that typically affects only a small percentage of the overall product output. A manufacturing defect can lead to catastrophic injuries because there is no way for users to anticipate the defect.
Design Defects: Manufacturers have a bit of leeway when it comes to using the safest possible design. If a safer design would be cost-prohibitive, the manufacturer may opt to use a less safe design for the product in an effort to cut costs. However, the manufacturer must then provide an adequate warning label to ensure that consumers are aware of the risks.
Marketing Defects: These are more commonly referred to as “inadequate product warnings.” If a product poses particular safety risks, manufacturers are legally required to provide a warning label to alert consumers and users to those dangers. Moreover, the warning label must be clearly visible so that user mistakes, and serious injuries, are less likely.
Whether they are the result of a manufacturing defect, design defect or marketing defects, serious injuries occur in a variety of contexts. For example, motorists may be put at risk of motor vehicle accidents caused by unintended acceleration, defective seat belts or airbag failures. Similarly, construction site accidents involving defective machinery, such as cranes or power saws, can lead to catastrophic injuries like spinal cord injuries and traumatic brain injuries. Even medical care is not immune to product liability issues. In a medical malpractice context, defective medical devices, such as defibrillators or stents, can create critically serious injuries and may cause wrongful death.
Experienced Personal Injury Attorneys Help with Product Liability Cases in Monroe and Wayne Counties in New York
If you have been injured as a result of a defective product, you may be able to file a product liability claim against the liable parties. An attorney at LaDuca Law Firm will investigate what happened to determine what caused your injuries and who can and should be held responsible for the product defect. The identity of the liable party, whether it is a product designer, manufacturer or seller, may affect the type of claim you can file and the damages you are eligible to pursue.
Under NY law, an injured worker is generally limited to filing a Workers’ Compensation claim for an injury suffered in the workplace. These kinds of claims typically limit the amount, and type, of compensation the injured worker can receive. In the event of an on-the-job injury caused by a defective product, however, you may be able to bring a product liability action against the product manufacturer or designer. This is called a “Third Party Claim.” Your skilled personal injury attorney at LaDuca Law Firm can explain the details of a third party lawsuit.
Keep in mind that you will need to file a product liability claim within three years of the date on which the injury occurred; there’s a strict statute of limitations on these claims in New York. It is imperative that you speak with a qualified attorney as soon as possible.
Contact a Qualified Rochester, NY Product Liability Attorney Today to Explore Your Legal Options
As a consumer in Rochester, Canandaigua, Irondequoit, Penfield or anywhere else in Upstate New York, you have rights. If you think you have suffered an injury in connection with a defective product, your first step should be to contact a knowledgeable product liability attorney who understands the complicated legal issues that can arise under New York product liability law.
The personal injury and product liability lawyers at LaDuca Law Firm won’t back down from a fight at the negotiating table or in the courtroom. We will examine your medical records, interview witnesses and help you explore your legal options. Call our Rochester, NY office now to schedule a free consultation about your accidents and injuries.