Product Liability Law

As an experienced product liability lawyer, with a 96% success rate, I understand first hand how injuries resulting from a defective product provided by a consumer you trusted can be more severe in nature.  Finding the right product liability lawyer can make all the difference.
Few firms can match the depth of product liability and injury law trial experience offered by A. Cohen Law Firm, P.C. Strongly rooted in the communities of Long Island, Westchester and New York.

As an experienced product liability lawyer, with a 96% success rate, I understand first hand how injuries resulting from a defective product provided by a consumer you trusted can be more severe in nature.  

As a consumer you purchase products, machines, cars, medicine, devices, equipment, creams, and even shoes and other products  you have the right to expect anything you buy to be safe when using it.  The truth is that dangerous and defective products kill or seriously injure millions of people each year, its terrible, but absolutely true. If you’ve been wronged using a product you trusted, brief your case to our legendary product liability lawyer using our free video consultation widget now! 

Product Liability:  In accordance with a longstanding and evolving common-law tradition, a manufacturer of a defective product is liable for injuries caused by the defect.  Under New York’s modern approach to products liability, a product has a defect that renders the manufacturer liable for the resulting injuries if it: (1) contains a manufacturing flaw; (2) is defectively designed; or (3) is not accompanied by adequate warnings for the use of the product. While claims based on the third category of defect, a lack of adequate warnings, can be framed in terms of strict liability or negligence, failure-to-warn claims grounded in strict liability and negligence are functionally equivalent, as both forms of a failure-to-warn claim depend on the principles of reasonableness and public policy at the heart of any traditional negligence action.

• Manufacturing Defects: One must prove that a product did not perform as intended and that the product was defective when it left the manufacturer’s control. If so, a manufacturer may be liable for breaching a duty to its customers. It is the plaintiff and his/her attorney’s burden of proof to demonstrate that the manufacturer did not manufacture the product in accordance with its own specifications. A plaintiff must also be able to demonstrate that not only was the product not manufactured properly, but also that the defect existed when the product left the manufacturer and that the error in manufacturing caused the plaintiff’s injuries.
• Design Defects: A defectively designed product is one which, at the time it leaves the seller’s hands, is unreasonably and unintentionally dangerous for its intended use. When investing, the focus is to review whether the design was not reasonably safe because of a substantial likelihood of harm and existence of a feasible and safer alternative design.  The facts must also demonstrate that the defective design was a substantial factor causing the plaintiff’s injury. Whether a product is defectively designed is determined by examining the industry standards in effect when it was manufactured.
• Failure to Warn: A plaintiff must prove that (1) a manufacturer has a duty to warn (2) against dangers resulting from foreseeable uses about which it knew or should have known, and (3) that failure to do so was cause of the harm.

Where you have been homebound or bedridden for several months, there is a great likelihood you can succeed in a personal injury lawsuit or claim, let us fight for you while you work on getting better, speak with our expert product liability lawyer today.