We hold manufacturers accountable when people are hurt by their products
Consumers have every right to expect that the products they use are safe, or at the very least, that any safety issues are appropriately disclosed. Likewise, manufacturers have a responsibility to produce safe products and to inform users of any risks they take by using their products. If you've been hurt by a faulty product, you may have a product liability claim against the manufacturer.
Product liability can be established under three major circumstances:
- Design Defects: Some faulty products are unsafe to use because of flaws in their design - that is to say, even if manufactured exactly to specifications, they can cause injury. In some cases, this also includes aspects of how the product is packaged for retail.
- Manufacturing Defects: In other cases, a properly designed product becomes unsafe due to shoddy manufacturing. For instance, the manufacturer may have used low-quality materials or failed to implement adequate quality control at the factory.
- Failure to Disclose: Many products are inherently risky. For instance, most medications have side effects, and any power tool can cause injury if used incorrectly. However, manufacturers have a responsibility to inform consumers of those risks; if they do not, they are liable for any harm caused.
In some cases, liability for a faulty product can be shared between the manufacturer, retailer, and even professionals who install or maintain the product. To sort out the legal complexities of a product liability case and get the compensation you deserve, you'll need an experienced attorney on your side.
At the Law Offices of James Morris, we can help you through all aspects of the product liability claims process, including:
- Document Your Case
- Defective Medical Equipment
- Dangerous Drugs
- Crashworthiness Claims
- Consumer Rights Claims
Manufacturers, retailers and their insurance companies are adept at disputing liability claims. Our attorneys know how to gather evidence, stand up to the manufacturers and get the compensation you need. We'll battle for you in negotiations, and we know how to see justice done in New York courts - by always staying a step ahead.
To help us make your product liability case as strong as possible, your ability to gather information about the product in question will be of tremendous value.
In circumstances where it is possible to have the product itself, or any remains of the product, that is of top value. Photography of the actual product you used is also a great asset. Additionally, do what you can to obtain and preserve information like:
- The original packaging;
- Manufacturer's instructions;
- Product warranties and manuals;
- Store receipt;
- Delivery information.
Information related to the injury or accident that occurred as a result of the defective product also will be valuable. This might include:
- Photographs of where the product was used when the injury occurred;
- Any medical records of treatment associated with the injury;
- Expenses associated with cleaning, repairing or replacing damaged property.
The more documentation you have, the easier it will be for us to obtain a settlement or judgment in your favor.
Defective medical equipment injuries are often caused by medical devices that are implanted in the patient, such as a replacement hip or a pacemaker. There are also cases when a faulty diagnostic instrument leads to medical errors.
In general, defective medical equipment falls into the category of design defect or improper warning. These are cases in which the manufacturer did not perform adequate safety testing, withheld certain test results to favor their product or did not properly educate the medical community on the product's proper use or handling.
At best, defective medical devices leave patients with untreated medical conditions. At worst, they cause serious side effects, such as internal bleeding and perforation of organs, which can lead to death. Our attorneys are committed to holding medical equipment manufacturers accountable when their faulty products cause serious injury.
While there are certain risks associated with any medication, some drugs cross the border into truly dangerous territory. In some cases, whether due to inadequate testing or shoddy manufacturing, drugs fail to actually treat the medical conditions they are supposed to heal. That means patients who are prescribed these drugs are left with an untreated illness or injury, which can lead to serious problems.
In other cases, certain drugs can have debilitating side effects, leading to serious injury or even death. Sometimes, manufacturers fail to adequately test their medications or intentionally ignore unfavorable results. Failure to warn is also a common issue, as manufacturers do not notify patients and medical professionals of the dangers associated with the medication.
While some cases involving dangerous drugs are filed against the manufacturer, others are the responsibility of the prescribing physician. Many issues can emerge when a drug is prescribed for "off-label" use - for instance, a doctor may prescribe a medication for six months when it is only approved for use for up to six weeks. Depending on the circumstances, you may have a product liability claim against the manufacturer or a claim against the prescribing physician for a medical error.
You have a right to expect that any medication you are prescribed will work for its intended purpose. If you've been injured by a dangerous drug, call our law firm today to seek justice.
Car manufacturers are expected to make sure their vehicles meet certain safety standards in the event of a crash. Sometimes, safety features such as seat belts and airbags fail to function due to faulty design or shoddy manufacturing. In other cases, elements within the car that are not themselves considered safety equipment can still compromise safety; for instance, a piece of the interior might come loose and strike a passenger.
Determining whether a vehicle was crashworthy after a car accident can be difficult. The manufacturer may try to argue that certain safety features were compromised during maintenance, so having service records available to dispute that claim is helpful. Our attorneys will pore over all relevant documents to help you build a case and hold the manufacturer accountable.
A product that is defective, sold under false pretenses or assigned unreasonable expectation for how it may be used can be subject to a consumer rights claim. This may involve product information contained in promotional materials, packaging or advertisements that differs from the product sold.
Losses in consumer rights cases tend to be relatively small, but you may still be able to recover compensation by filing a claim in small claims court or by dealing directly with the manufacturer or seller. At the Law Offices of James Morris, we have the experience and resources to handle a broad range of consumer rights cases.