You’ve purchased a new household appliance, excited to make your life easier and more convenient. Instead, the product malfunctions, causing a fire that damages your home and leaves you with severe injuries. Frustrated and overwhelmed, you’re left wondering who should be held accountable for the harm you’ve suffered. Don’t let the negligence of manufacturers or distributors go unnoticed.
At the Law Office of Cohen & Jaffe, we understand the devastating impact that defective products can have on your life. Our team of skilled injury attorneys is here to help you navigate the complex world of product liability law in Queens, New York. With years of experience, we have successfully represented numerous clients in similar injury cases in Queens, fighting for their rights and securing the compensation they deserve.
What is Product Liability?
Product liability is a complex area of law that holds manufacturers, distributors, and sellers of products responsible for any harm or injuries caused to consumers by their products. The legal concept of product liability in Queens, New York, is governed by the New York State General Business Law and has evolved over time through court decisions.
In Queens, New York, product liability claims can arise from a variety of defective products, including consumer goods, medical devices, automobiles, and pharmaceuticals. In general, product liability claims can be based on one of three theories: strict liability, negligence, or breach of warranty.
Under strict liability, manufacturers and other parties involved in the distribution of a defective product can be held liable for injuries caused by the product, regardless of whether they were negligent. In Queens, New York, strict liability claims are based on the following elements:
- The product was defective or unreasonably dangerous;
- The defect or danger existed when the product left the manufacturer’s control;
- The defect or danger caused the plaintiff’s injuries.
Under a negligence theory, a plaintiff must prove that the manufacturer or distributor of a product failed to exercise reasonable care in the design, manufacture, or distribution of the product. Negligence claims in Queens, New York, require the following elements:
- The manufacturer or distributor owed a duty of care to the plaintiff;
- The manufacturer or distributor breached that duty of care;
- The plaintiff’s injuries were caused by the breach of duty.
- Breach of Warranty
Finally, a plaintiff may also bring a claim for breach of warranty. A warranty is a representation made by the manufacturer or seller of a product that the product is safe and fit for its intended use. If the product fails to meet these representations, the plaintiff may be able to recover damages for any resulting injuries. In Queens, New York, breach of warranty claims is based on the following elements:
- The manufacturer or seller made a warranty or guarantee about the product;
- The product failed to conform to the warranty or guarantee;
- The plaintiff’s injuries were caused by the product’s failure to conform to the warranty or guarantee.
In Queens, New York, product liability claims can be brought by anyone who has been injured by a defective product, including consumers, bystanders, and even the user of a product who did not purchase it directly. In addition, product liability claims can be brought against anyone in the chain of distribution of a defective product, including manufacturers, distributors, wholesalers, and retailers.
In many cases, product liability claims in Queens, New York, are based on a defect in the design, manufacture, or warning of a product. Design defects are flaws in the product’s design that make it inherently dangerous or prone to causing injuries. Manufacturing defects, on the other hand, are defects that occur during the manufacturing process, such as a defect in a batch of products or a failure to follow quality control standards. Finally, warning defects are failures to warn consumers of known risks associated with a product’s use.
To succeed in a product liability claim in Queens, New York, a plaintiff must prove that the product was defective and that the defect caused their injuries. This can be a complex process that requires the help of experienced attorneys and expert witnesses who can testify about the nature of the defect and its role in the plaintiff’s injuries.
What Damages are Available in a Product Liability Claim?
People who have been injured by a defective product in Queens, New York, may be entitled to compensation for their damages. Damages are the losses you have suffered as a result of the defective product and can include both economic and non-economic losses.
Economic Damages and Non-Economic Damages
Economic damages are losses that can be quantified in monetary terms, such as medical expenses, lost wages, and other out-of-pocket expenses. In a product liability claim in Queens, New York, you may be entitled to economic damages for the following:
- Medical Expenses: This includes the cost of medical treatment you have received as a result of your injuries, including hospital bills, doctor visits, surgeries, and medication.
- Lost Wages: If your injuries have prevented you from working, you may be entitled to compensation for the wages you have lost. This includes both past and future lost wages.
- Property Damage: If the defective product caused damage to your property, you may be entitled to compensation for the cost of repairs or replacement.
Non-economic damages are losses that are more difficult to quantify, such as pain and suffering, emotional distress, and loss of enjoyment of life. In a product liability claim in Queens, New York, you may be entitled to non-economic damages for the following:
In some cases, you may also be entitled to punitive damages in a product liability claim in Queens, New York. Punitive damages are designed to punish the defendant for particularly egregious conduct, such as intentionally selling a dangerous or defective product. Punitive damages are not intended to compensate the plaintiff for their losses but rather to deter the defendant and others from engaging in similar conduct in the future.
Find an Experienced Product Liability Attorney at the Law Office of Cohen & Jaffe
Product liability cases can be complex and require the expertise of an experienced attorney. If you have been injured by a defective product in Queens, New York, you may be entitled to compensation for your damages, including economic and non-economic losses, as well as punitive damages in some cases. At the Law Office of Cohen & Jaffe, our team of dedicated attorneys has the knowledge and experience necessary to fight for your rights and help you obtain the compensation you deserve.
Don’t let the stress of a product liability case overwhelm you. Contact the Law Office of Cohen & Jaffe today for a free consultation to discuss your case and learn more about how we can help you. With our skilled legal representation, you can focus on your recovery while we handle the legal process. Let us fight for you and hold those responsible for your injuries accountable. Call us today at 718-280-5337 or visit our website and complete our contact form to schedule your free consultation. You can also visit our Cohen & Jaffe Youtube Channel to learn more about the product liability laws that may impact your claim.
For a free legal consultation with a product liability lawyer serving Queens, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.