Brooklyn Dangerous Products Lawyer
We trust the products we purchase are safe to use. This trust can be misplaced however, as products may be poorly designed or possess manufacturing defects. Disreputable companies may also fail to disclose vital safety concerns about their products or or fail to prescribe their manner of use. These failures can result in significant injury to unsuspecting consumers.
The nature of a dangerous products case is that the mechanism of injury, be it poor design or defective manufacturing, often occurs before the consumer ever receives the product. This differs from other causes of injury like car accidents where, in most circumstances, the actions resulting in injury take place in the preceding moments and the parties involved are all present. The law acknowledges the distinction in these types of cases by establishing a lower threshold for manufacturer liability compared to the threshold for culpability in cases like car accidents where all parties were present at the time of injury and may have had a contributing role.
Navigating the complex legal landscape of New York’s product regulations and injury laws requires a knowledgeable attorney. If you have sustained an injury in connection with a dangerous product, it’s important to speak with an attorney right away so you can understand your rights under the law.
Call Brooklyn Lawyer Brian Berger today to speak with an attorney who strives to ensure you receive the compensation you deserve.
Table of Contents
Product Manufacturers
Wholesalers & Distributors
Defective Design
Manufacturing Defect
Failure to Warn
Pain & Suffering
Medical Expenses
Lost Wages
Property Damage
Punitive Damages
Mitigating Your Damages
Investigation
Gathering Evidence
Building a Case
Negotiating with Insurance Companies
Filing a Personal Injury Lawsuit
Initial Pleadings
Documentary Discovery
Depositions
Independent Medical Examinations
Motions
Conferences
Trial
How much is my case worth?
How long will my case take?
What should I do after the accident?
Should I speak with the insurance companies?
What should I do while my claim is pending?
Product Manufacturers
Wholesalers & Distributors
Defective Design
Manufacturing Defect
Failure to Warn
Pain & Suffering
Medical Expenses
Lost Wages
Property Damage
Punitive Damages
Mitigating Your Damages
Investigation
Gathering Evidence
Building a Case
Negotiating with Insurance Companies
Filing a Personal Injury Lawsuit
Initial Pleadings
Documentary Discovery
Depositions
Independent Medical Examinations
Motions
Conferences
Trial
How much is my case worth?
How long will my case take?
What should I do after the accident?
Should I speak with the insurance companies?
What should I do while my claim is pending?
Brooklyn Dangerous Products Lawyer
We trust the products we purchase are safe to use. This trust can be misplaced however, as products may be poorly designed or possess manufacturing defects. Disreputable companies may also fail to disclose vital safety concerns about their products or or fail to prescribe their manner of use. These failures can result in significant injury to unsuspecting consumers.
The nature of a dangerous products case is that the mechanism of injury, be it poor design or defective manufacturing, often occurs before the consumer ever receives the product. This differs from other causes of injury like car accidents where, in most circumstances, the actions resulting in injury take place in the preceding moments and the parties involved are all present. The law acknowledges the distinction in these types of cases by establishing a lower threshold for manufacturer liability compared to the threshold for culpability in cases like car accidents where all parties were present at the time of injury and may have had a contributing role.
Navigating the complex legal landscape of New York’s product regulations and injury laws requires a knowledgeable attorney. If you have sustained an injury in connection with a dangerous product, it’s important to speak with an attorney right away so you can understand your rights under the law.
Call Brooklyn Lawyer Brian Berger today to speak with an attorney who strives to ensure you receive the compensation you deserve.
Brian@BrooklynLawyer.com | Email me to schedule your free consultation
Product Manufacturers
One of the key exchanges in each and every consumer transaction is that companies make profit on their goods and consumers get to use them safely. Some companies still prioritize profits however, and will try to secure higher margins by cutting corners and under-investing in product safety. Even if done so unintentionally, unsafe products inserted into the stream of commerce can result in severe injuries or worse.
Companies that produce consumer goods are often subject to strict liability thresholds. This means that an injured consumer may only need to prove that the company’s product was dangerous or defective and caused their injury.
Common sources of a company’s liability in connection with dangerous products include defective designs, manufacturing defects and failure to warn.
Wholesalers & Distributors
A wholesaler or distributor does not have the same degree of responsibility to consumers as product manufacturers since they were not involved in the design or manufacturing phases. They may still be held liable to consumers in certain dangerous products cases however, where they had knowledge of the danger and still assisted in the delivery of the product to consumers. Additionally, they may be held accountable if they altered the state of the product while transporting or displaying the product to consumers in a way which caused or increased the product’s risk of causing injury.
Defective Design
Design is the first stage in a product’s journey to the consumer. It’s at this point a company decides how its product will be used, how it will be built and which safety precautions to incorporate. There is a significant emphasis on compliance with applicable standards and regulations during the design phase as a product that is poorly conceived is bound to fail from the start. When companies fail to emphasize safety and explore reasonable alternatives, instead passing increased risk onto the consumer, they can be held liable for causally related injuries.
Manufacturing Defect
Manufacturing is a critical stage. Here, the physical product is constructed either by hand or machine, or a combination of both. During manufacturing, a product’s quality and safety can be compromised as a result of human error or faulty machinery. Additionally, substandard materials or improper parts can lead to poor condition and hidden dangers which can in turn result in injury to an unsuspecting consumer.
Failure to Warn
Consumer risks can still be present even when a product is appropriately designed and manufactured. This is because companies still have legal obligations to account for potential injury risks and warn the consumer. When they fail to do so, significant injuries can ensue.
One example of a failure to warn includes when a company does not provide notice of potential health risks posed by certain chemicals. This was a common claim brought against asbestos manufacturers. When companies fail to provide sufficient warnings, they can be held legally responsible for resulting injuries.
Who Is at Fault For Your Dangerous Products Accident?
Product Manufacturers
One of the key exchanges in each and every consumer transaction is that companies make profit on their goods and consumers get to use them safely. Some companies still prioritize profits however, and will try to secure higher margins by cutting corners and under-investing in product safety. Even if done so unintentionally, unsafe products inserted into the stream of commerce can result in severe injuries or worse.
Companies that produce consumer goods are often subject to strict liability thresholds. This means that an injured consumer may only need to prove that the company’s product was dangerous or defective and caused their injury.
Common sources of a company’s liability in connection with dangerous products include defective designs, manufacturing defects and failure to warn.
Wholesalers & Distributors
A wholesaler or distributor does not have the same degree of responsibility to consumers as product manufacturers since they were not involved in the design or manufacturing phases. They may still be held liable to consumers in certain dangerous products cases however, where they had knowledge of the danger and still assisted in the delivery of the product to consumers. Additionally, they may be held accountable if they altered the state of the product while transporting or displaying the product to consumers in a way which caused or increased the product’s risk of causing injury.
Sources of Liability in a Dangerous Products Accident Case
Defective Design
Design is the first stage in a product’s journey to the consumer. It’s at this point a company decides how its product will be used, how it will be built and which safety precautions to incorporate. There is a significant emphasis on compliance with applicable standards and regulations during the design phase as a product that is poorly conceived is bound to fail from the start. When companies fail to emphasize safety and explore reasonable alternatives, instead passing increased risk onto the consumer, they can be held liable for causally related injuries.
Manufacturing Defect
Manufacturing is a critical stage. Here, the physical product is constructed either by hand or machine, or a combination of both. During manufacturing, a product’s quality and safety can be compromised as a result of human error or faulty machinery. Additionally, substandard materials or improper parts can lead to poor condition and hidden dangers which can in turn result in injury to an unsuspecting consumer.
Failure to Warn
Consumer risks can still be present even when a product is appropriately designed and manufactured. This is because companies still have legal obligations to account for potential injury risks and warn the consumer. When they fail to do so, significant injuries can ensue.
One example of a failure to warn includes when a company does not provide notice of potential health risks posed by certain chemicals. This was a common claim brought against asbestos manufacturers. When companies fail to provide sufficient warnings, they can be held legally responsible for resulting injuries.
Types of Damages You Can Recover In Your Dangerous Products Case
Pain & Suffering
Individuals are entitled to seek multiple categories of damages. The primary non-economic category of damages (not tied to any specific expense) is ‘Pain and Suffering’. There is no set formula for computing this amount of damages. Rather, it is incumbent upon a jury to arrive at a value they believe compensates the injured party for the physical and emotional hardship they’ve endured.
Medical Costs
Injury victims are entitled to recover past medical costs that were paid directly out of pocket (rather than by a third party insurance carrier). They can also seek future medical costs for necessary prospective treatment. This component of future damages will typically be established at trial by an expert witness’ presentation of a life-care report. This report outlines the type of treatment the Plaintiff will need going forward along with the associated costs adjusted for inflation.
Property Damage
In cases where the injured party also suffers damage to their personal possessions, and where that damage is not reimbursed through a collateral source such as a separate insurance policy, the injured individual can also include a claim for property damage in their lawsuit for personal injuries. This can also apply if a separate policy only partially reimbursed the cost of property damaged due to the other party’s actions.
Lost Wages
Lost wages are an additional category of economic damages injured parties can seek in the course of litigation. These damages are intended to reimburse the Plaintiff for employment compensation they were deprived of as a result of their injury. This applies to unreimbursed past wages as well as future wages that can no longer be earned. In certain cases, the lost wage component of damages can account for the greatest percentage of overall damages received.
As an example, take a construction worker who permanently loses functional use of his arm and can no longer perform his pre-accident work. At trial, he may be able to recover the full salary he would have earned for the remainder of his professional career if not for the accident.
Punitive Damages
The preceding categories of damages are intended to make victims whole i.e. return them as close as possible to their pre-accident status. Punitive damages on the other hand are an additional category of non-economic damages which are designed not for the express purpose of compensating the injured party, but for punishing the liable party for grossly negligent or reckless conduct.
For example, if an individual knew their brakes were defective and continued driving thereby causing or contributing to an accident which resulted in injury, their conduct may be found to be grossly negligent and the victim may be entitled to seek punitive damages.
Mitigating Your Damages
Every individual has an obligation to mitigate their damages. In most circumstances, this means going to a doctor so an injury doesn’t unnecessarily progress. If the ultimate damages you suffer following an accident are exacerbated due in part to your own neglect, the Defendant(s) will not be held responsible for any corresponding increase in a verdict at trial.
The Role of a Lawyer In Your Dangerous Products Accident Case
Investigation
Your lawyer will conduct an investigation into your accident which includes examining any incident reports, speaking with eyewitnesses, reviewing photographs and video from the scene, reviewing property damage, inspecting the site and possibly engaging accident reconstruction experts.
By conducting a thorough investigation, your lawyer can prepare and present a claim that sets forth a clear sequence of events preceding the accident and details your injuries and post-accident treatment.
Gathering Evidence
Evidence can be obtained as part of an investigation or a Court-ordered exchange. Not all documents and statements are automatically considered evidence however. Rather, they must first be determined to be admissible.
For example, certain portions of a Police Report describing an accident may be inadmissible because the officer was not there to witness the accident first-hand. However, a party’s admission of fault contained in the Police Report may be considered admissible under an exception to the hearsay rule if they made the statement directly to the officer.
Building the Case
Building a client’s case starts the minute the attorney is engaged. From that point on, all efforts are geared towards maximizing any settlement or verdict that might be received at trial. From collecting evidence to establishing legal and factual arguments, the attorney will aim to craft the strategies that deliver the best possible outcome.
Negotiating with the Insurance Company
Insurance carriers can be tough negotiators when it comes to paying out compensation. If the carrier is unwilling to meet the fair valuation of damages suffered by an injury victim, it may be best to proceed with a personal injury lawsuit.
Filing a Personal Injury Lawsuit
By pursuing a personal injury lawsuit, attorneys can seek an order from the Court directing liable parties to pay their injury victims just compensation. While the vast majority of cases settle, taking a case all the way through trial may be necessary to enforce your rights to receive fair and just compensation.
Dangerous Products Accident Litigation
Initial Pleadings
When litigation is necessary to enforce your rights to compensation, your attorney will draft initial papers consisting of a Summons and Complaint. These documents will describe your claim and set forth the legal basis underpinning your entitlement to damages. Upon receiving service of these papers the defending party will typically serve an Answer responding to the allegations contained in the Complaint. The Answer is often accompanied by various discovery demands requesting proof of your claim.
Documentary Discovery
In the first phase of litigation, the parties will make certain demands for the exchange of documents such as medical records and photographs. These documents will serve as the factual basis for your claim with regard to both liability and damages.
Depositions
Depositions are occasions where attorneys ask questions to parties and witnesses who are under oath about the liability and damages components of your claim. They are an opportunity to obtain first-hand testimony which can be used in support of motions, during settlement negotiations as well as at trial.
Independent Medical Examinations
Independent Medical Examinations (IME’s) are opportunities for the defense to have their own doctors review your records and perform physical examinations. Should the matter proceed to trial, these doctors may testify concerning the extent of your injuries and treatment and in response to experts retained in support of your claim. Defense counsel also rely on IME reports in support of their attempts to dismiss personal injury claims.
Motions
A range of motions are filed during the course of litigation. These motions may seek to compel the other side to exchange certain discovery, limit the issues at trial or dismiss the claim altogether. Among other things, they are useful when seeking to direct an otherwise uncooperative party to comply with discovery orders, or to obtain certain legal determinations where the material facts are undisputed.
Conferences
Court-mandated conferences occur at key points during litigation. Specifically, the Court will summon the parties to meet during the discovery process, to conference pending motions, and/or in efforts to resolve the claim before proceeding to trial.
Trial
If the matter cannot be resolved, the parties are sent out to trial. There, your attorney will present documents, testimony and expert opinions in support of your claim. Once the parties rest, the jury will reach a determination as to the factual arguments and a judge will determine the legal issues. While there can be a risk in proceeding to trial, it may ultimately be necessary to enforce your right to just compensation.
Frequently Asked Questions
How much is my case worth?
The value of your case depends on the apportionment of liability and the severity of the injuries caused by the accident. Typically, the maximum recovery is the defendant’s insurance limit. This amount can vary based on the identity of the liable party. For example, larger construction companies may have multimillion dollar policies where as smaller subcontractors may have only $1 million in coverage.
How long will my case take?
The length of any particular case will vary. The factors that determine how long the case takes include whether the material facts are in dispute, the nature of the injuries, any history of prior injuries to the claimed body parts, the number of parties in the case, and the degree of cooperation between the parties. While a matter can settle at any time during litigation, it can take upwards of 1-2 years (and sometimes longer) from the initial filing through trial.
What should I do immediately after the accident?
First, remove yourself from the risk of further injury and evaluate your health. Depending on the degree of injury, the most prudent course may be to request an ambulance and have professionals perform an initial evaluation at the scene. If an ambulance is not requested, you should still seek treatment as soon as possible to address and document sustained injuries.
Additionally, if possible, make sure to retain the defective product as well as all accompanying documents and packaging. Also take pictures of the defective condition and record contact information for any eyewitnesses.
Should I speak with the insurance companies?
The best course of action is to engage counsel so that they may correspond directly with the insurance companies on your behalf. This is because insurance companies will often extend lowball offers to unrepresented parties to avoid having to compensate them for the fair value of their injuries later on. Before considering any such offers, an attorney should be engaged to evaluate your claim and potentially intervene on your behalf.
What should I do while my claim is pending?
While your claim is pending, it’s essential to continue your course of treatment and document how your condition progresses over time. Additionally, maintain records of your medical visits and how your injury impacts your employment and day-to-day activities. Finally, it is essential to keep off social media as much as possible. Insurance carriers will review your public profiles to see if your posted content contradicts your claimed injuries.
(680) BKNYLAW | (680) 256-9529 | Brian@BrooklynLawyer.com
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I don’t recover unless you do
Pain and Suffering
Individuals are entitled to seek multiple categories of damages. The primary non-economic category of damages (not tied to any specific expense) is ‘Pain and Suffering’. There is no set formula for computing this amount of damages. Rather, it is incumbent upon a jury to arrive at a value they believe compensates the injured party for the physical and emotional hardship they’ve endured.
Medical Costs
Injury victims are entitled to recover past medical costs that were paid directly out of pocket (rather than by a third party insurance carrier). They can also seek future medical costs for necessary prospective treatment. This component of future damages will typically be established at trial by an expert witness’ presentation of a life-care report. This report outlines the type of treatment the Plaintiff will need going forward along with the associated costs adjusted for inflation.
Property Damage
In cases where the injured party also suffers damage to their personal possessions, and where that damage is not reimbursed through a collateral source such as a separate insurance policy, the injured individual can also include a claim for property damage in their lawsuit for personal injuries. This can also apply if a separate policy only partially reimbursed the cost of property damaged due to the other party’s actions.
Lost Wages
Lost wages are an additional category of economic damages injured parties can seek in the course of litigation. These damages are intended to reimburse the Plaintiff for employment compensation they were deprived of as a result of their injury. This applies to unreimbursed past wages as well as future wages that can no longer be earned. In certain cases, the lost wage component of damages can account for the greatest percentage of overall damages received.
As an example, take a construction worker who permanently loses functional use of his arm and can no longer perform his pre-accident work. At trial, he may be able to recover the full salary he would have earned for the remainder of his professional career if not for the accident.
Punitive Damages
The preceding categories of damages are intended to make victims whole i.e. return them as close as possible to their pre-accident status. Punitive damages on the other hand are an additional category of non-economic damages which are designed not for the express purpose of compensating the injured party, but for punishing the liable party for grossly negligent or reckless conduct.
For example, if an individual knew their brakes were defective and continued driving thereby causing or contributing to an accident which resulted in injury, their conduct may be found to be grossly negligent and the victim may be entitled to seek punitive damages.
Mitigating Your Damages
Every individual has an obligation to mitigate their damages. In most circumstances, this means going to a doctor so an injury doesn’t unnecessarily progress. If the ultimate damages you suffer following an accident are exacerbated due in part to your own neglect, the Defendant(s) will not be held responsible for any corresponding increase in a verdict at trial.
Investigation
Your lawyer will conduct an investigation into your accident which includes examining any incident reports, speaking with eyewitnesses, reviewing photographs and video from the scene, reviewing property damage, inspecting the site and possibly engaging accident reconstruction experts.
By conducting a thorough investigation, your lawyer can prepare and present a claim that sets forth a clear sequence of events preceding the accident and details your injuries and post-accident treatment.
Gathering Evidence
Evidence can be obtained as part of an investigation or a Court-ordered exchange. Not all documents and statements are automatically considered evidence however. Rather, they must first be determined to be admissible.
For example, certain portions of a Police Report describing an accident may be inadmissible because the officer was not there to witness the accident first-hand. However, a party’s admission of fault contained in the Police Report may be considered admissible under an exception to the hearsay rule if they made the statement directly to the officer.
Building The Case
Building a client’s case starts the minute the attorney is engaged. From that point on, all efforts are geared towards maximizing any settlement or verdict that might be received at trial. From collecting evidence to establishing legal and factual arguments, the attorney will aim to craft the strategies that deliver the best possible outcome.
Negotiating with the Insurance Company
Insurance carriers can be tough negotiators when it comes to paying out compensation. If the carrier is unwilling to meet the fair valuation of damages suffered by an injury victim, it may be best to proceed with a personal injury lawsuit.
Filing a Personal Injury Lawsuit
By pursuing a personal injury lawsuit, attorneys can seek an order from the Court directing liable parties to pay their injury victims just compensation. While the vast majority of cases settle, taking a case all the way through trial may be necessary to enforce your rights to receive fair and just compensation.
Documentary Discovery
In the first phase of litigation, the parties will make certain demands for the exchange of documents such as medical records and photographs. These documents will serve as the factual basis for your claim with regard to both liability and damages.
Initial Pleadings
When litigation is necessary to enforce your rights to compensation, your attorney will draft initial papers consisting of a Summons and Complaint. These documents will describe your claim and set forth the legal basis underpinning your entitlement to damages. Upon receiving service of these papers the defending party will typically serve an Answer responding to the allegations contained in the Complaint. The Answer is often accompanied by various discovery demands requesting proof of your claim.
Depositions
Depositions are occasions where attorneys ask questions to parties and witnesses who are under oath about the liability and damages components of your claim. They are an opportunity to obtain first-hand testimony which can be used in support of motions, during settlement negotiations as well as at trial.
Independent Medical Examinations
Independent Medical Examinations (IME’s) are opportunities for the defense to have their own doctors review your records and perform physical examinations. Should the matter proceed to trial, these doctors may testify concerning the extent of your injuries and treatment and in response to experts retained in support of your claim. Defense counsel also rely on IME reports in support of their attempts to dismiss personal injury claims.
Motions
A range of motions are filed during the course of litigation. These motions may seek to compel the other side to exchange certain discovery, limit the issues at trial or dismiss the claim altogether. Among other things, they are useful when seeking to direct an otherwise uncooperative party to comply with discovery orders, or to obtain certain legal determinations where the material facts are undisputed.
Conferences
Court-mandated conferences occur at key points during litigation. Specifically, the Court will summon the parties to meet during the discovery process, to conference pending motions, and/or in efforts to resolve the claim before proceeding to trial.
Trial
If the matter cannot be resolved, the parties are sent out to trial. There, your attorney will present documents, testimony and expert opinions in support of your claim. Once the parties rest, the jury will reach a determination as to the factual arguments and a judge will determine the legal issues. While there can be a risk in proceeding to trial, it may ultimately be necessary to enforce your right to just compensation.
How much is my case worth?
The value of your case depends on the apportionment of liability and the severity of the injuries caused by the accident. Typically, the maximum recovery is the defendant’s insurance limit. This amount can vary based on the identity of the liable party. For example, larger construction companies may have multimillion dollar policies where as smaller subcontractors may have only $1 million in coverage.
How long will my case take?
The length of any particular case will vary. The factors that determine how long the case takes include whether the material facts are in dispute, the nature of the injuries, any history of prior injuries to the claimed body parts, the number of parties in the case, and the degree of cooperation between the parties. While a matter can settle at any time during litigation, it can take upwards of 1-2 years (and sometimes longer) from the initial filing through trial.
What should I do immediately after the accident?
First, remove yourself from the risk of further injury and evaluate your health. Depending on the degree of injury, the most prudent course may be to request an ambulance and have professionals perform an initial evaluation at the scene. If an ambulance is not requested, you should still seek treatment as soon as possible to address and document sustained injuries.
Additionally, if possible, make sure to retain the defective product as well as all accompanying documents and packaging. Also take pictures of the defective condition and record contact information for any eyewitnesses.
Should I speak with the insurance companies?
The best course of action is to engage counsel so that they may correspond directly with the insurance companies on your behalf. This is because insurance companies will often extend lowball offers to unrepresented parties to avoid having to compensate them for the fair value of their injuries later on. Before considering any such offers, an attorney should be engaged to evaluate your claim and potentially intervene on your behalf.
What should I do while my claim is pending?
While your claim is pending, it’s essential to continue your course of treatment and document how your condition progresses over time. Additionally, maintain records of your medical visits and how your injury impacts your employment and day-to-day activities. Finally, it is essential to keep off social media as much as possible. Insurance carriers will review your public profiles to see if your posted content contradicts your claimed injuries.
Disclaimer
The information you obtain at this site is not, nor is it intended to be, legal advice. No outcome is promised or guaranteed. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. This website constitutes Attorney Advertising.
Disclaimer
The information you obtain at this site is not, nor is it intended to be, legal advice. No outcome is promised or guaranteed. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. This website constitutes Attorney Advertising.
