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Merely because someone is injured when using a product does not necessarily mean that the product or device is defective. In order to establish a New York product liability claim for a product that is alleged to be defective, it must be established that either:
If any of these failures can be established, the injured party may be entitled to compensation for their pain and suffering, medical expenses, lost wages, and other damages.
Products serve a useful and necessary function in our society, from the clothes we wear to the cars we drive. There are medical devices and pharmaceutical products that help us get well or keep us well. There are toys, tools, tires, and machine parts. The list is endless. However, when a product or device fails to function properly when used as intended it can be dangerous and cause serious injury or even death.
Sometimes, a product is discovered to be defective and then recalled by the manufacturer or a regulating governmental agency such as the Food and Drug Administration or the Consumer Product Safety Commission.
Other times, the product may not be known to be defective by the manufacturer or governmental agency, yet may still be a defective product.
Defective products may include the following:
The Consumer Product Safety Commission (CPSA) issues regular alerts and notices concerning dangerous products and child product recalls. Product safety is an important goal.
When you are injured in an accident that you believe was due to a defective product, it is important to speak to an experienced New York personal injury attorney as soon as possible. Evidence must be preserved and an immediate investigation into the cause of the accident must be conducted.
We understand that this is a difficult time for you. You are forced to endure medical care and treatment. You may incur medical expenses, lost wages, and other financial hardships. You are worried about the future and have questions. We understand these hardships and know how to help you regain your financial security.
Since 1987, Mr. DiMartini has represented people injured in accidents due to defective products throughout the New York City metropolitan area. He is an experienced personal injury lawyer with a long record of success, winning favorable settlements and awards for his injured clients.
If you have been injured in a New York accident that was due to a defective product or device, Mr. DiMartini will explain all of your rights and options to you. If we determine that we are willing to pursue your claim, it is only because we believe that you suffered a serious injury due to a dangerous or defective product. We will seek to get you the maximum compensation you deserve for your pain and suffering, medical expenses, lost wages, and other damages.
Personal injury law is all we do. We know how to get results!