New York Products Liability Lawyers Protect Consumers’ Rights
Determined advocates challenge powerful corporate defendants
Each year thousands of Americans are injured by consumer products they bought in good faith and used as intended. Unfortunately, those products had dangerous defects that companies either failed to discover or ignored, putting the public at risk. At The Tacopina Injury Firm, we feel this situation cries out for justice. Our attorneys are passionate about fighting for the rights of consumers, and we have the knowledge, skill, and resources to challenge major corporations and deliver positive results.
Experience with a variety of product defect litigation
Under the law of products liability, a consumer can recover compensation for an injury if a product is unreasonably dangerous to use as intended. The plaintiff consumer must prove the defect exists and caused the injury. Product defects generally fall into one of three categories:
- Design defect — With defective design, a problem is introduced in the planning stage and is not recognized or corrected before the product is manufactured. Examples include cribs with slats far enough apart to trap a baby’s head, motor vehicles that roll over too easily when turning, and the infamous Ford Pinto, which featured an exposed fuel tank, vulnerable to direct impact and puncture in a rear-end collision.
- Manufacturing defect — Here, a safe design is implemented badly, introducing a defect in the manufacturing stage. Manufacturing defects can result from a faulty process or the use of substandard materials. Examples include children’s toys made with lead-based paints, apparel made with flammable materials, and food products contaminated during processing.
- Packaging defect — This cause of action arises when a producer fails to warn consumers of inherent dangers that cannot be completely eliminated due to the nature of the product. The producer must use a combination of warning stickers and product literature to call the consumer’s attention to dangers present when using the product or misusing it in a way that is reasonably foreseeable. Examples include failing to warn that a medication may cause drowsiness or that using a power tool with a detachable safety guard removed is unreasonably dangerous.
Generally, a plaintiff does not have to prove a company was negligent in producing the defect or marketing the defective product. Most defective product cases are decided on the basis of strict liability. This means the plaintiff must only prove the existence of a defect and that the defect caused injury. Still, assembling the proof and building a compelling case against a powerful corporation is a daunting task, so it’s critically important to retain effective legal counsel.
Trust our experienced injury attorneys with your defective product litigation
If you have a personal injury or wrongful death claim stemming from a dangerous defective product, trust The Tacopina Injury Firm to fight for your rights. Our skilled legal team fights tenaciously for consumers to deliver the maximum compensation possible. To schedule a free consultation and case evaluation, call us today at 347-246-5102 or contact our Manhattan office online.