If the faulty design, engineering or manufacture of a product has caused an accident, this is not the end of the story. When a product defect results in serious or catastrophic injury to you or fatal injury to a loved one, you can fight back. Call the Bergen County product liability attorneys at Kantrowitz, Goldhamer & Graifman for a free case review if you or a loved one have been hurt due to a faulty or defective product. We can help protect your rights whether your accident occurred at home or on the job.
Every day, we put our trust in countless products without a thought to the harm that could result if any of those items were defective. From the coffee maker used to brew that morning cup of joe to the tires on the bus carrying us to work, overlooked items can cause burn injuries, car accidents, fires and explosions, and in the most tragic and extreme cases, wrongful death.
Since 1975, Kantrowitz, Goldhamer & Graifman has built a recognized reputation for results. Our command of product liability law, our litigation skills, and our dedication to clients are what make us the first choice in legal representation for those who have lost so much.
What is Product Liability?
Consumers have a right to expect that a product, whether it is used for its intended purpose or for another anticipated purpose, is safe. Unfortunately, in some cases manufacturers adopt a poor product design as a way to save money. In others, products are manufactured in a shoddy way, with faulty defects. These can all lead to product liability, which refers to a manufacturer’s responsibilities to sell safe products to consumers and be honest in advertising.
In some cases, there may be a product recall or automotive recall, but not always.
There does not need to be a product recall in order to bring a lawsuit for your injury. Whether there are hundreds of people who have been injured by the defect or you are the only one, you may still bring a lawsuit for recovery under one of the prevailing legal theories, including:
- Strict liability
- Breach of implied warranties
A Rockland County product liability attorney can determine the strength of your case and the proper course of action.
Proving a product liability claim
The plaintiff in a personal injury lawsuit always has the burden of proof when filing a claim. This generally requires being able to show that the designer, manufacturer, or sometimes the retailer, breached a duty – in these cases, a duty related to their design or manufacture – and that the breach was a related and expected cause of the plaintiff’s loss. Product cases require detailed investigations in order to determine what went wrong and why, and this typically requires working with industry professionals who can shed light on the cause.
Product design and the specific causation of injuries are two areas that are outside the area of a typical juror’s knowledge, so expert witnesses are necessary. Often a professional in a field related to the design of the product is needed in order to explain how the product was defective. A medical expert may be needed to explain the course of treatment and why it is necessary.
The Bergen County product liability lawyers at KGG get to the facts of what caused your defective or malfunctioning product accident so that plaintiffs can meet their burden. We confront responsible parties and their insurers with these facts. We negotiate from positions of strength, and we become even stronger in the courtroom.
Types of product liability accidents
Potentially defective products touch every aspect of our lives. At KGG, we are proud of our long-standing track record of recovery in product liability cases. Some of the types of injuries our Bergen county product liability attorneys have won compensation for have resulted from:
- Home heaters and furnaces
- SUV rollover
- Tire blowout
- Tires with tread separation
- Motor vehicle air bags
- Flammable clothing
- Tainted food
- Chairs and ladders
- Unsafe toys
- Child car seats that detach
- Dangerous drugs
- Defective medical devices
- Work equipment and tools
- Shopping carts
What kind of compensation is available for a product liability injury?
The law entitles personal injury victims to recover for both economic and non-economic losses caused by someone else’s wrongdoing. This can include:
- Past and future medical bills
- Lost wages
- Reduced ability to work
- Pain and suffering
- Emotional suffering
- Loss of companionship
- Wrongful death and funeral expenses
A Rockland county product liability lawyer can help you account for your losses to ensure all of the variables are represented in your claim.
What to do if you have been injured by a defective product
An unexpected injury – the type received by a defective product – can really slow a person down. But your decision to act swiftly gives you the best chance at a successful resolution to your claim, and may also prevent another consumer from suffering the same devastating product liability injury. If you or a loved one have been injured, do not wait to call an attorney.
Quick action can help in several ways. Quick notification of the manufacturer may lead it to warn other consumers who may be harmed. It also improves your chances of preserving evidence that could otherwise be lost or destroyed. Having legal representation additionally prevents insurance adjusters and company representatives from hassling you.
No one expects to be injured by an everyday product but when it does happen, Bergen County product liability attorney Barry S. Kantrowitz is right alongside you with expertise, experience and efficiency. Mr. Kantrowitz has been fighting for injured clients for nearly 30 years and has amassed a number of notable victories.
Call us toll free or fill out the form on our website to schedule a consultation in our Rockland County, NY or Bergen County, NJ offices. If your health prevents you from coming to us, we will come to you.
Additional Product Recall Resources:
- NYC.gov, Product Recall and Safety, http://www1.nyc.gov/nyc-resources/service/2262/product-recall-and-safety
- NJ.gov, Product Recalls, http://www.nj.gov/oag/hts/childseats/recalllists.html