Queens Product Liability Lawyer

Queens Product Liability Lawyer

You may be entitled to significant compensation if you were recently injured while using a defective product in Queens, NY. Oresky & Associates, PLLC can help you stand up to product manufacturers and fight to get the money you deserve.

Our Queens product liability lawyers have been fighting for injury victims and families for more than 30 years. We strive to get the best possible outcome for every client, and we’ve successfully won more than $400 million in damages.

Contact our law office serving Queens or speak to us at (718) 993-9999 to discover how we can help you, too. We offer a free consultation, so give us a call to schedule yours now.

How Oresky & Associates, PLLC Can Help With Your Queens Product Liability Case

Not every product that makes it to consumers is safe. You’ve learned that the hard way. Now it’s time to hold the company that made or sold the product accountable.

But how? That’s where the Queens injury attorneys at Oresky & Associates, PLLC can help.

We’ll put decades of experience behind your fight for compensation as we:

• Investigate to determine what type of defect contributed to your injury
• Work closely with experts to analyze the unreasonably dangerous product and work to understand the defect
• Determine if the product has been recalled or if there were other complaints of malfunction or defects
• Handle all conversations with the manufacturer and their insurance company
• Defend against claims that you weren’t using the product as intended
• Lead negotiations in an effort to secure a fair and favorable settlement offer for you

If you aren’t offered a fair settlement, our experienced trial attorneys will be ready to take your case to a jury in Queens. We’re not just here to help you win. We’re here to help you get every cent you deserve.

Contact our award-winning team to get started with a free consultation and learn more.

What is Product Liability?

There’s no way to screen every product for safety before it’s sold to consumers. It’s just not feasible. So, certain laws regulate things like what materials can be used or what steps a company must take when putting a product into the stream of commerce.

In New York, state product liability laws also offer protection to consumers. Companies can be strictly liable if their products are defective and cause harm.

What’s a Product Defect?

There are three main types of product defects:

• Design defects,
• Manufacturing defects, and
• Marketing defects (also known as failure to warn).

The reason a product is defective will play a significant role in your product liability case for damages.

Design Defects

Design defects occur when a product is unsafe because of the way it was designed. It doesn’t matter how much care is put into assembling it. It’s inherently unsafe and will pose a threat to consumers even if it’s used carefully.

You may have a design defect case if you were hurt because a product’s design was unsafe and there was a reasonable and cost-effective modification to make it safer.

Manufacturing Defects

Manufacturing defects exist because a product is assembled or put together in a way that’s unsafe. Had it been assembled as directed, the product should be perfectly safe to use as intended. Manufacturing defects can affect a single product on the assembly line or every unit.

Marketing Defects

Marketing defects exist when a product has potential dangers and risks that might not be open or obvious to users. When a company knows or should know about a hazard, it has an obligation to pass that information to consumers. If it fails to do so, the company can be sued and held strictly liable in a marketing defect (or failure to warn) case.

We Handle All Product Liability Matters in Queens

At Oresky & Associates, PLLC, our personal injury attorneys represent clients in all product liability cases.

We represent clients who have suffered injuries from:

• Toys
• Power tools and equipment
• Heavy machinery
• Construction equipment, like ladders and scaffolding
• Cars, trucks, and other vehicles
• Medical devices (e.g., implants, IVC filters, hernia mesh, insulin pumps, IUDs)
• Medical equipment (e.g., wheelchairs)
• Medication (e.g., Proton Pump Inhibitors, hormonal birth control, antidepressants)
• Explosives and fireworks
• Household appliances
• Personal care products
• Lawnmowers and other lawn equipment
• Household cleaning products
• Vape pens
• Pesticides and herbicides like Roundup weedkiller

Give our law firm serving Queens a call to arrange a free consultation. We’ll evaluate your case, help you understand your rights, and offer some advice on the steps you might want to take to recover compensation for your injuries.

Contact a Queens Accident Lawyer for a Free Consultation

To learn more about how a construction accident attorney at Oresky & Associates can protect your rights, call us today to arrange a free case review. We’re available 24/7 to come to your aid.

Free Consultation

What Damages Can I Get If I File a Product Liability Lawsuit in Queens?

Like other types of personal injury cases, victims injured while using defective products can recover both economic and non-economic damages.

Economic damages are paid to make up for the financial costs and expenses of an injury, like:

• Hospitalization
• Surgery
• Follow-up medical care
• Long-term medical treatment
• Other medical bills
• Lost wages and income
• Disability
• Reduced earning capacity
• Damage to property

Non-economic damages are paid to compensate for the pain and suffering victims experience, such as:

• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Chronic pain
• PTSD
• Disfigurement and scarring

If there’s evidence that a company acted intentionally or maliciously, punitive damages may also be awarded.

For instance, punitive damages might be considered if there’s evidence that a company knew about a dangerous risk associated with its product but decided to hide that information rather than share it. A jury might decide that injuries weren’t accidental or unforeseeable if the company took active steps to conceal safety information.

Defective Products Can Cause Catastrophic Injuries

Our product liability attorneys in Queens will help you seek damages for all of your injuries, including:

• Broken bones
• Burns
• Eye injuries
• Hearing loss
• Internal bleeding or organ damage
• Traumatic brain injury
• Injuries related to oxygen loss or deprivation
• Concussion
• Whiplash
• Spinal cord injury
• Paralysis
• Neck injury
• Back injury
• Joint injury
• Infection-related injury or illness
• Chronic disease or illness
• Amputation
• Wrongful death, and more.

Seek medical treatment as soon as you can after discovering that you’ve become sick or injured. Then contact our Queens law office for legal assistance.

What Happens if I’m Getting Blamed in My Product Liability Lawsuit?

The company you’re suing might try to argue that you weren’t using the product as intended. If that’s the case, it could hurt your ability to recover compensation. However, as long as you were using the product in a reasonably foreseeable way, your right to damages should be safe.

There is, however, a law in New York that says that sharing responsibility for an accident, even slightly, will affect how much money victims can get.

This is known as pure comparative fault. It explains that liability is shared by everyone who contributes to an injury. If victims share the blame, their damages are reduced to reflect their contribution.

Let’s say you’re assigned 15 percent of the blame in your product liability case. Your damages, valued at $100,000, would be reduced by 15 percent. As a result, you’d be left with an award totaling $85,000.

It’s important to know that other parties will try to blame you. You can watch your financial award disappear if you don’t fight back. Oresky & Associates, PLLC will be prepared to defend you every step of the way.

What’s the Statute of Limitations For Product Liability Lawsuits in New York?

You’ll have three years from the date you get hurt (or discover your injury) to file a lawsuit. You’ll have just two years if you want to file a wrongful death lawsuit after a defective product causes a fatal injury.

Don’t miss the deadline that applies to your case. If you do, you’ll give up the right to seek damages from the company that’s responsible for designing, manufacturing, or marketing the product.

Protect yourself and your legal rights by calling our Queens product liability attorneys for help as soon as you can. Our team can begin to work on your case and put your legal strategy for damages into action right away.