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Archive for the ‘Product liability’ Category


If you have been injured due to a defective product, you may file a product liability claim based on a particular legal theory. Watch the video to know which legal theories are used in a product liability claim. Call us at 917-300-0797 or 718-619-4525. You can also email us at fdervishi@dervishilaw.com.

 

Common Defenses in a Product Liability Case

 


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Product Liability Claims

If you have suffered an injury due to a defective product, you may file a defective product liability claim. Your product liability claim can be based on different legal theories such as strict liability, negligence, breach of warranty and fraud.The following paragraphs outline the elements of the most common legal theories used in a product liability claim.

Strict Product Liability

In a strict product liability case, a victim must show that:

  • A product was sold with no warning or inadequate warning, or was sold in an unreasonably dangerous condition.
  • The victim or the victim’s property was injured by the defective product.

Negligence

In a product liability case based on negligence, a victim must show that:

  • The defendant owed a duty of care.
  • The defendant’s actions breached that duty of care.
  • The defendant’s breach caused the victim injuries.

Fraud

In a product liability case based on a “fraud” legal theory, a victim must show that:

  • The defendant made certain representations about the product that were not true.
  • The defendant was aware that those representations were not true or not likely to be true.
  • The representations were made so that the victim would buy the product.
  • The victim was justified in relying on the representations.
  • The defendant’s false representations caused damage to the victim.

Breach

In a product liability case based on “breach of warranty,” a victim must show that:

  • The product had an expressor implied warranty.
  • The product failed to meet the terms of the warranty.

Contact Product Liability Lawyers at Dervishi Law Group, P.C.

If you, a family member or a friend have suffered an injury as a result of a faulty product, contact the product liability lawyers at Dervishi Law Group,P.C. We can assist you in recovering rightful compensation.Call us at (917) 300-0797 or (718) 619-4525 or email us at fdervishi@dervishilaw.com.

 

Product Liability Case

If a consumer has been injured by a defective product, the defendant,who may be a manufacturer of the product, can argue that the injury was not caused by the defect. There are three main types of product liability claims: negligence, breach of warranty and strict liability. One defense may work to defeat one kind of claim but not another.The following are some common defenses in a product liability case based on strict products liability or negligence.

Assumption of the Risk

If the claimant was aware of the risk involved in using the product and was ready to accept the risk and as a result was injured, he or she will be prevented from receiving recovery. The evidence for the product liability must show that the claimant knew of the risk involved and disregarded the danger and risk that caused his or her injury.

Substantial Change Defense

If the claimant made an adjustment or modification to the product and if the modification of the product was what caused the injury, then the manufacturer could be relieved from liability since the cause of the injury was not the manufacturer’s fault. Only unanticipated and unforeseen modifications to the product by the consumer can relieve the manufacturer of liability. If the manufacturer anticipated that a consumer could modify the product, then the modification would not relieve the manufacturer of liability.

Contributory Negligence

In some states, if the claimant contributed to his or her injuries in any way, he or she may be barred from any recovery. In other states, if the claimant contributed to his or her injuries, the amount of fault would reduce the recovery.

Statute of Limitations Expired

The statute of limitations period is the time in which the claimant can file a claim in court and start the lawsuit. It usually expires within 3 years.The defendant can argue that the available time that the plaintiff had to bring the personal injury claim has expired.

Other Causes

The defendant can also argue that there were other factors that caused the plaintiff’s injury and must prove that their product or design was not the actual cause of the claimant’s injury.

Get in touch with experienced product liability attorneys at Dervishi Law Group, P.C.

If you, a family member or a friend have suffered an injury as a result of a faulty product, contact the product liability attorneys at Dervishi Law Group, P.C. You can call us at 917-300-0797 or 718-619-4525 or email us at fdervishi@dervishilaw.com.

 

Third party construction accident claim

Multiple companies and entities are involved in a construction project. When a construction company employs a worker, his/her safety not only lies in the hands of the employer but also in the hands of several entities working on the same project. When a construction worker gets injured due to another entity’s negligence or fault, he/she may be eligible to file a third-party accident claim.

What is a third party?

Typically, a third party is a contractor or sub-contractor working at a construction site. A third party could also be:

  • The company that provided/built defective construction equipment.
  • A company that rents heavy equipment.
  • An equipment manufacturer.

Sometimes, a third party may also be an individual, who is not related to the construction site but caused an injury.

Filing a third party claim

Several defendants may be liable for the construction accident injuries. To file a third party claim:

  • A worker must prove that the injury occurred within the scope of his/her employment.
  • He/she must identify the party or parties liable for the event that caused the accident.

A worker may file a third-party construction accident claim when there is sufficient evidence to determine that the accident was caused as a result of a third party’s negligent act.

Potential defendant in a third party claim

Contractor and a sub-contractor – When a contractor or sub-contractor’s negligence causes injuries, he/she can be subject to a third-party claim.

Product manufacturer – When a worker gets injured by a defective machine or part, he/she may hold the manufacturer responsible.

Property owner: A property owner is obligated to provide a safe working place. He/she can be held liable if a worker gets injured because of his/her failure to provide a safe working environment.

Others: Agents of other companies and other individuals may be subject to a third-party claim if their negligence contributes to a construction accident.

Importance of filing a third party claim along with worker’s compensation

Worker’s compensation benefits only cover medical costs and some lost wages. It does not compensate for the pain and suffering arising from the construction accident injury. A third party lawsuit can help a worker recover compensation for pain and suffering, loss of life, loss of earning capacity and decreased enjoyment of life. Filing a third party claim may seem like extra work but receiving compensation for these additional injuries and losses can make a huge difference.

Contact Dervishi Law Group, P.C. to file a third party claim

Construction workers have rights in the event of an accident. We have the experience to advise you about these laws, and to protect your financial future. We have successfully represented thousands of construction workers who have been hurt on the job. To file a third party claim for your construction accident in the Bronx, call us at 917-300-0797/ 718-619-4525 or email at fdervishi@dervishilaw.com.

 

Product Liability Claim

When people use medical devices to better their health but in return suffer injuries from them, the injuries can form the basis for a product liability claim. Some medical devices that have run into medical and legal problems in recent years include defibrillators, stents, implants and contraceptive devices. Injured victims of fault or defective medical devices can make a liability claim against a defendant.

Types of Product Liability Claims Involving Faulty Medical Devices

Product liability claims involving faulty medical devices may come in three varieties:

Defectively manufactured medical devices:Defectively manufactured medical devices are those devices that were either improperly manufactured or damaged from the beginning. Such devices can be created as a result of an error at the manufacturing facility, shipping problem, or error at the hospital.

Medical devices with defective designs: These are the medical devices that were properly manufactured but have unreasonably dangerous designs that resulted in injuries. Sometimes these devices could have been in the market for a long time before causing serious injuries. Victims can claim that manufacturers were aware of the dangers but concealed them or delayed taking the products off the market.

Defectively marketed medical devices: Marketing of medical devices refers to recommendations, instructions or warnings concerning the usage of the device. This category of claims includes failures to provide adequate or accurate warnings or instructions regarding dangers posed by the medical device. Claims may also include failure to provide adequate instructions regarding safe and appropriate usage of the device.

Potential Defendants in a Product Liability Claim Involving Faulty Medical Devices

Manufacturers: They are usually large companies. Victims can seek compensation for their injuries from these companies but it is also important to note that these companies inevitably hire teams of high-priced lawyers to defend such cases.

Testing laboratories:Laboratories that performed tests on the medical devices can be held liable for any injuries caused.

Medical sales representatives: Medical device manufacturers often make use of sales representatives to meet with doctors and other members of medical communities to make recommendations about the latest medical devices. These medical representatives may be held liable if they recommended medical devices that caused injuries.

Doctors: Doctors may be found liable if they fail to warn patients of potential dangers or give instructions regarding the usage of medical devices.

Hospitals/clinics: If hospitals or clinics were part of the chain of distribution of the defective medical devices, they may be liable for any injuries.

Retail suppliers: When victims suffer injuries due to medical devices that were obtained from pharmacies, drug stores, or other suppliers, the retailers can be held liable. This is because retailers are the final point in the chain of distribution.

Contact Product Liability Lawyers at Dervishi Law Group, P.C.

If you, a family member or a friend have suffered an injury as a result of a faulty medical device, contact product liability lawyers at Dervishi Law Group, P.C. We will determine whether or not you have a viable product liability case. To speak to one of our lawyers.

 

Product liability claim

When an individual suffers injuries or any other kind of damages due to a defective motor vehicle, the result may be a product liability claim. Over the past few years, some motor vehicle defects have come to light including, SUVs that are prone to rolling over, motorcycles that have issues with wobbling when driven at high speeds and cars sold with tires that are likely to a blowout.

A product liability claim involving a defective motor vehicle can be classified in two different categories:

Defectively manufactured vehicle or parts: According to this type of claim, there was an error in the manufacture of the vehicle or one of its parts leading injury.

A vehicle with an unreasonably dangerous design:This category suggests that although the vehicle and its parts may have been manufactured properly, it had an unreasonably dangerous design that ultimately caused the injury.

Potential defendants in product liability claim involving motor vehicles

It is important to identify and include all potential defendants in the lawsuit. This means, all participants in the “chain of distribution” of the motor vehicle or vehicle part involved in the case. The “chain of distribution” usually includes the following types of defendants:

The Manufacturer: In a product liability case involving a defective motor vehicle, the manufacturer can be held liable. However, it is important to note that the manufacturer is typically a large company, which means it may have money to compensate for the injuries.

Parts manufacturer: If your case is based on a defective motor vehicle part, such as the tires or the battery, the parts manufacturer may be the defendant in your case. The parts manufacturer may be a separate company from the vehicle manufacturer. You may be able to sue both the vehicle manufacturer and the manufacturer of the defective part.

Car dealership: Another potential defendant in your case may be the dealership. Whoever sold the defective vehicle or the defective part may be liable for damages, even if you were not the actual buyer.

Middleman or shipper: The middleman or shipper who was part of the chain of distribution between the manufacturer of the defective vehicle or parts and the retailer where it was sold may be liable for damages.

Contact the Dervishi Law Group P.C.

If you, a family member or a friend have suffered an injury as a result of a faulty product, contact the Dervishi Law Group, P.C., at 718-619-4525 / (917) 300-0797 to speak with one of our Defective Product Lawyers. Our team of lawyers has the knowledge and experience to offer you quality legal representation, while fighting for the compensation you need and deserve.

 

Defective product liability

Identifying the parties (people or companies) is an important first step in filing a defective product lawsuit. There are a number of different potential parties that could be sued, depending on the type of product liability claim. Naming the right parties may increase the chance of getting full recovery for the injuries. However, identifying the liable parties may not be an easy task. All parties included in the chain of distribution can be added as defendants in a defective product lawsuit.

The following are the type of entities who can be sued in a defective product liability case:

  1. Manufacturer

    It is important to note that more than one manufacturer can be a defendant in a defective product liability case. The manufacturer can be an individual working out of a garage or a multinational company. If the defective product is part of a larger product, it is important to include both the manufacturer of the defective part and the manufacturer of the whole product that contains the defective part.

    It is also important to name all the contractors and consultants who worked with the manufacturer to design the defective product. A defective product liability lawsuit should include the companies that built the product, designed it, contributed parts to it, or inspected it for quality. Having all these details will ensure full recovery for the injuries.

  2. Retailer

    Although, the retail store where the defective product was sold may have nothing to do with the designing and manufacturing of the product, the retailer can still be sued for selling a defective product.

    Note the following points when figuring out if the retailer can be sued.

    You don’t need to be a buyer– You can still recover for injuries, even if you did not buy the defective product that caused you injury. This is applicable in a situation when you get injured by an improperly manufactured product given to you by a co-worker. Just because you did not purchase the product yourself this does not prevent you from bringing a defective product lawsuit against the retail store, from where the defective product was purchased.

    You don’t have to be the product user– You can file a defective product claim if you were injured by a defective product that someone else was using. For example, if you get injured by blade that flies loose from your neighbor’s defective lawnmower, a defective product liability claim can be filed against the retailer, regardless of the fact that you were neither the purchaser nor the user of the defective product.

    You might be able to recover for used products– If a used product was purchased that turned out to be defective from a supplier of used goods, you can sue the supplier, depending on the product, the nature of the defect, and your state laws.

  3. Wholesaler/ Distributor

    Between the manufacturer and the retailer, there are a number of wholesalers, suppliers, distributors, or other middlemen. All of them are part of the chain of distribution of the product. In case of a defective product, they can be potentially liable, and therefore should be named as defendants in the defective product lawsuit.

  4. Product liability litigation against foreign businesses

    When the manufacturer, retailer or other entities in the chain of distribution are foreign corporations, it is still possible to sue them because typically these corporations are subject to the jurisdiction of the court in the state in which they do their business.

  5. Product liability litigation against corporations

    Corporations can be the manufacturer, retailer, and any middlemen who are part of the chain of distribution of the defective product. According to the product liability law, corporations are considered to be equivalent to persons and can be held liable. However, corporations can change their shape, form, and owners frequently by means of mergers or acquisitions through other companies, reorganizations, spin-offs, re-naming, and so on. The successor company may inherit liability for the previous company’s participation in the chain of distribution of a defective product. These successor companies should be named as defendants in the claim.

Contact us to defend your defective product liability case

Have you or loved one suffered severe injuries due to a defective product? An experienced attorney at Dervishi Law Group, P.C., can help assist you in recovering rightful compensation. Call us at 917-300-0797/718-619-4525 to speak with our defective product lawyers now or fill out the “Free Defective Product Case Evaluation” form available on our website.

 

Product liability document
 

The product liability law holds manufacturers, distributors and retailers responsible for any harm caused by their products. If a defective product causes injuries or other damages, the victim may file a product liability claim. Product liability claims fall into three categories: defective manufacturing, defective design and failure to provide adequate instruction or warning.

  • Defective manufacturing:

    This type of product liability claim arises when an injury is caused by a defectively manufactured product. Defective manufacturing can result from an error in making the product or in quality check procedures, causing the product to fall below the manufacturer’s intended design.

    Some examples of defective manufacturing include: contaminated medical products, agricultural products and food, machinery with missing or broken parts, etc. If you can show that a manufacturing defect caused your injury, the manufacturer may held liable.

  • Defective designing:

    Defective design liability occurs when an injury is caused by the flaws in a product design. Defective design product liability claims arise when the design of an entire line of products was inherently dangerous, regardless of the fact that the product that caused the injury was perfectly manufactured. Some examples of defective product design include faulty machinery and tools, electrical products that can electrocute the consumer, etc. The manufacturer may be held liable for an injury that was caused by a defective design.

  • Failure to provide adequate instruction or warning:

    Manufacturers have a duty to provide proper instructions and warning signs on potential dangers of a product. If the manufacturer fails to provide a warning or instruction about the product and someone is injured as a result, they may file for a product liability claim. However, injury victims must be able to establish the following:

    • The danger was not obvious.
    • The product was used as intended.
    • The manufacturer’s instruction or warning was not obvious or clear.
  • Injured by a defective product? Contact the Dervishi Law Group, PC

    If you or a loved one has suffered severe injuries due to a defective product, speak to product liability lawyers at the Dervishi Law Group, PC today. We can assist you in recovering your rightful compensation. Call us at 718-619-4525/917-300-0797. You can also email us at fdervishi@dervishilaw.com.