At Asta Law, we represent victims injured by dangerous products. As consumers, we regularly purchase products for all types of uses. We drive automobiles, we use kitchen appliances, and we use medications. When a product injures a consumer, a case for product liability may be made if the product is defective. When unsafe products are released to the public, you should be aware that you could be compensated if you are hurt by a defective product.
The Attorneys at Asta Law can help review your case and will work to ensure you receive the highest compensation possible should your claim have merit.
Even if you feel at fault, there are a host of reasons – such as poor design and faulty warning labels – why a product injured you. If it is revealed the manufacturer bears responsibility, you may be entitled to money for your injuries.
Here are some areas that are covered under product liability law:
Under the law, either the person who was injured or the family of a person who has died as a result a defective product can file a products liability claim. Proof that the manufacturer sold a dangerous product and there was no warning to the consumer of the unreasonable danger is needed. Distributers of a dangerous product, even if they did not make the product, can also be responsible under Strict Product liability law. The law requires that manufacturers and sellers of products ensure that their products are not in any way defective or dangerous to users. Companies must provide proper warning if any part of their product is unsafe or if using the product in a certain way could be hazardous to the user’s safety or health.
Several types of claims can be made when injuries or death result from a product.
A product liability claim can be made when a manufacturer defectively designs a product. The product functioned as it was designed, but the design was negligent and that a reasonable manufacturer should have known that the design of the product was defective and that it was foreseeable that the design could cause injury or death to the user of the product
The dangerous condition must be designed out of the product if such can be done without destroying the product’s utility. If this can’t be done, then:
In a manufacturing defect case, the claim is that the injury or death was caused by a mistake in manufacturing the defective product and that the product was not manufactured properly, which resulted in a dangerous condition that caused injury or death to the user.
Manufacturers must warn consumers of know dangers of using a product that could cause injury to the user. The product must contain adequate warnings, often in the form of a warning label on the product, warnings in the product manual, and instructions on how to use the product safely. Manufacturers and distributors who do not place adequate warnings of dangers in using a product can be held liable under product liability law. The danger must not be one that a user would reasonably know about in using the product.
Strict Products Liability is a powerful consumer protection law that can hold the manufacturer of a defective product at fault without the consumer proving what precisely the manufacturer did wrong. Strict Liability says that a defendant seller, distributor, or manufacturer of a defective product can be liable to anyone injured by that product, regardless of whether the defendant did everything possible to ensure the defect never happened.
Strict liability does not require an injured person to prove that the defendant’s conduct was negligent, or fell below a certain standard, only that the product was defective. This is a significant protection for consumers in seeking compensation for an injury.
Under product liability law, an injured person can have claims for negligence, strict liability, breach of warranty, and various consumer protection laws. A person who believes they were injured due to a defective product should consult an attorney as soon as possible. The injured person should also preserve the product that caused the injury and take photographs of the product.
There are time limits on bringing a products liability case. Typically in New York, a person has three years to file a claim, and in New Jersey, two years to file a claim. However, the time limits can change based on what laws apply to the case. It’s best to consult the experienced product liability lawyers at Asta Law regarding your product liability case.
Being injured by a product you purchased with good intentions can be emotionally and physically devastating. Michael J. Asta, Esq. is one of New York’s leading injury attorneys with over 500 Million Dollars recovered for clients and over 30 years fighting for New Yorkers like you. You can be confident that the legal team at Asta Law is fully committed to winning the best possible results for our clients and their families. If a defective product has injured you, call Asta Law at (212) 244-6555 or complete the contact form here on our website so we can help you. The consultation is free, and we work on a contingency basis meaning there is no fee until we obtain compensation on your behalf, guaranteeing you’ll never come out of pocket.
Asta Law, Where Quality Representation Doesn’t Cost, It Pays.