Staten Island Defective Product Lawyer
When a product doesn’t work as it should, it can cause a lot of damage to you and your family. That can take years to recover from, or you may be facing a lifetime of disability and suffering. You shouldn’t have to face this, especially not without help.
In many of these cases, it’s possible for you to file a claim against the manufacturer of the product or retailer. They can help you file the claim and negotiate compensation. If negotiations fail, they might also assist in filing suit against these parties.
Contact a Staten Island defective product lawyer from Kuharski, Levitz & Giovinazzo, Esq. and benefit from our specialized education and experience in product liability, torts, and consumer protection laws.
Defective Product Lawsuits Often Involve Multiple Parties
In many cases, there are multiple parties who may be liable for damages caused by a product defect.
The designer or manufacturer of the item that injured you could be liable. If there were any other companies involved in making or distributing it, for example, if there was another vendor involved, then those companies could also be on the hook for your medical bills and other associated costs.
Consumers may also sue retailers directly when they sell or don’t accept returns from manufacturers even though they knew about hazards related to products sold at their stores.
While some retailers only sell items made by other manufacturers who themselves may have liability issues, some stores sell their own brand which means several different types of entities could potentially be sued depending on your circumstances.
In addition, your Staten Island defective product attorney will be able to determine whether there are other victims who have been affected by this product and if they can team up with them in order to file a class action lawsuit against the manufacturer or retailer. This could increase your chances of getting compensated for your injuries if they win their case against a large company.
Causes of Action in Defective Product Lawsuits
The law recognizes three causes of action against such entities:
- Strict liability, or the failure to use reasonable care in manufacturing
- Negligence, or the failure to use reasonable care
- Breach of warranty
Consumers can also sue under torts like fraud or misrepresentation if they believe they were misled into purchasing something dangerous because its manufacturer made false claims about its safety features.
However, this type of tort requires more proof than other types since these are private disputes between two individuals rather than one against an entire company, which makes them harder for plaintiffs’ lawyers to win on behalf of their clients.
When to Take Your Staten Island Defective Product Case to Court
Your defective product lawyer in Staten Island will explain the various options available to you in seeking compensation. For example, if you choose to go to trial and win a settlement or verdict, this can be a lengthy process that may take years before it is resolved but the financial awards can be much higher, sometimes even reaching millions of dollars.
On the other hand, if you decide instead to settle out of court for an amount less than what was offered by the defendant’s insurance company, your claim will not be heard at trial like it would be if you had chosen the first option instead.
It’s also important to be sure you’re acting on time when you’re pursuing a claim in court. You only have a few years to sue, and if you don’t act in time, it can leave you without the funds you’re due for your injuries. You may, however, have more time if it takes months or years to discover the injury.
As an example, in the case of medical devices, the patient may be unaware they’ve been injured by a defective product because it takes time for the injury to manifest itself. This can be very upsetting for victims who are caught unaware and unfamiliar with the legal process. But you don’t have to go through this alone.
Contact A Staten Island Product Defect Attorney
When considering a defective product claim in Staten Island, remember that the statute of limitations will start ticking from the moment you discover your injury. Many people do not realize that they have a right to compensation until it is too late, but if you wait too long, the court may refuse to hear your case.
A Staten Island defective product lawyer will be able to determine if you are entitled to compensation, which may include medical bills, lost wages, pain and suffering, disfigurement, and emotional distress. Call Kuharski, Levitz & Giovinazzo, Esq. at 718-448-1600 or fill out our online form below to take advantage of our free consultations.