When you buy a product,
the expectation is that it
should perform in the way
it was intended to but that is
not always the case. When
damage or injury is caused
as the result of the use of a
defective product, the law
in New York recognizes
that those who manufacture
and/or distribute the
defective product, as well
as those who sell it, may be
held responsible for damages
for the injuries which
result.
Consider the case of the
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young teenager who while
using a hair dryer in her
home, sustained severe
third degree burns to her
hands when the product
burst into flames. Her parents
had the foresight to
consult our office shortly
thereafter. Upon consulting
an expert who inspected
the hair dryer, he
advised that the product’s
wiring and/or loose electrical
connections allowed
it to overheat and catch on
fire. We sued the manufacturer,
as well as the neighborhood
store where the
hair dryer had been purchased,
claiming that this
product was defective as it
was improperly or poorly
designed, that there was a
mistake in its manufacture
or assembly, and/or the
manufacturer or distributor
placed the product into
the marketplace without
adequate warnings. Based
upon our expert’s opinion,
we were successful in
achieving a favorable outcome
for our client.
If you find yourself in
a similar situation, the
first thing to do is secure
and safeguard the defective
product. In situations
where the injury occurs
outside your home, for example,
in the workplace, it
is particularly important to
be vigilant and contact an
attorney promptly. A separate
court proceeding may
need to be commenced, as
soon as possible, to compel
preservation of the product
and to direct the person,
or entity, in possession or
control of the product, to
grant access so it can be inspected
and tested before it
is destroyed, altered or disposed
of.
If you believe that you
or a loved one have been
injured by any defective
product, whether a piece
of heavy machinery or a
seemingly harmless household
item, you should consult
an attorney. A timely
phone call could be very
important to protect your
rights.
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774 East Tremont Avenue ...... (718)583-1500
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