Defective Product Attorney in Schenectady, NY
When a dangerous product causes serious injury or illness, victims deserve experienced legal representation to hold manufacturers accountable for their actions. At Dalmata, Maloy, & Burke, LLP, we’ve built a strong reputation helping accident victims throughout New York’s Capital Region. Our case results include securing the compensation these victims deserve when corporate negligence results in personal injury.
The experienced attorneys at DMB Legal combine trustworthiness with determined advocacy to ensure each client receives personal attention and skilled representation. Our reputable firm takes pride in treating every client as an individual, never as just another case number. If a defective product has injured you, contact us today for a free, no-obligation consultation with a Schenectady product liability lawyer. You pay nothing for us to get started, and there are no fees unless we successfully resolve your case.
How a Schenectady, NY, Attorney Can Help with Your Defective Product Claim
A Schenectady product liability attorney provides comprehensive legal support when you’re facing the challenges of a defective product case. When you work with DMB Legal, you team up with legal professionals who understand the technical aspects of product defects as well as the legal strategies needed to hold manufacturers accountable.
Your attorney will start by preserving the defective product and documenting its condition. This evidence is crucial because manufacturers often try to claim that user error or normal wear caused the problem. A skilled defective product lawyer from DMB Legal knows how to work with engineering experts and safety specialists to analyze the product and identify exactly what went wrong.
DMB Legal will handle all communication with manufacturers, insurance companies, and their legal teams on your behalf. These corporations have vast resources and experienced attorneys working to minimize their liability. Having experienced legal representation ensures that your rights remain protected throughout the process.
Your defective product attorney will also coordinate with medical professionals to document the full extent of your injuries and their connection to the faulty product. Additionally, your attorney will investigate whether other consumers have experienced similar problems with the same product. This information can strengthen your case and may reveal patterns of defects that the manufacturer was aware of but failed to address.
When you reach out to DMB Legal, we can review your defective product case to determine the best course of action. Our law firm offers free, confidential consultations, so reach out to us today to schedule yours.
Who Can Be Held Liable for Injuries Due to a Defective Product?
Multiple parties in the chain of commerce may be responsible for your injuries, and identifying all liable parties is crucial for maximizing your recovery. A thorough investigation will determine who should be held accountable, which may include the following:
- Manufacturers bear primary responsibility for ensuring their products are safe when used as intended. This includes companies that make the final product as well as those that manufacture individual components or parts that contributed to the defect.
- Distributors and wholesalers can be liable for selling defective products, even if they didn’t manufacture them. These companies have a duty to ensure that the products they distribute meet safety standards.
- Retailers may be held liable for selling defective products to consumers. This liability exists regardless of whether the retailer was aware of the defect.
- Designers and engineers who created the product specifications may face liability when design defects cause injuries. If a product’s fundamental design makes it unreasonably dangerous, these professionals can be held responsible.
- Testing companies and quality control firms that certify a product as safe may also bear responsibility when their negligent testing fails to identify dangerous defects.
At DMB Legal, our lawyers can investigate the defective product accident to identify all parties that could be financially liable for your injury.
What Types of Compensation Could Be Available in a Defective Product Lawsuit?
Product liability lawsuits can provide comprehensive compensation for the various ways a product defect has affected your life. The compensation you can claim will depend on the severity of your injuries and their long-term consequences.
Medical expenses typically account for a significant portion of most defective product settlements. Our legal team can help you seek compensation for the following:
- Emergency treatment and hospitalization costs
- Surgical procedures and medical equipment
- Ongoing rehabilitation, including physical therapy
- Future medical care and treatment
- Prescription medications and medical devices
Lost income compensation addresses the financial consequences of your inability to work, including the following:
- Income you lost while recovering
- Reduced earning capacity if your injuries cause permanent limitations
- Benefits and bonuses you would have received
- Future earnings affected by your injuries
Pain and suffering compensation acknowledges the physical and emotional trauma you’ve endured, such as the following:
- Physical pain from your injuries
- Emotional distress and anxiety
- Loss of enjoyment of life
- Mental anguish and depression
How Long Do I Have to File a Defective Product Lawsuit in New York?
New York law establishes specific time limits for filing lawsuits related to defective products. Generally, you have three years from the date you discovered your injury or reasonably should have discovered it to file a lawsuit. However, cases involving certain types of products may have different deadlines. Some pharmaceutical and medical device cases have specific filing requirements that can affect your timeline.
State and federal courts take these deadlines very seriously. If you miss them, you will be prevented from recovering compensation through a lawsuit. For this reason, it’s important to work with a knowledgeable and experienced product liability lawyer in Schenectady who can handle your case and ensure your cases are filed within the deadlines.
What You Should Do if a Defective Product Hurts You
Taking the proper steps after a defective product injury can significantly alter your path toward the compensation you deserve. Be sure to do the following:
- Seek immediate medical attention, even if your injuries seem minor initially.
- Preserve the defective product and refrain from attempting to repair or modify it.
- Take photographs of the product, your injuries, and the accident scene.
- Save all packaging, instruction manuals, and receipts.
- Keep records of all medical treatment and expenses.
- Write down the details of what happened while they are fresh in your memory.
- Report your injury to the appropriate authorities if required, such as the Consumer Product Safety Commission for certain types of products.
- Contact an experienced attorney as soon as possible to discuss your legal options and begin the investigation process while the evidence is still available.
What Are Common Examples of Defective Products?
Defective products can be found in virtually every category of consumer goods. Common examples include the following:
- Automotive products, such as defective tires that cause blowouts, faulty brakes that fail to stop vehicles, airbags that deploy improperly or not at all, and seatbelts that don’t function correctly during accidents
- Medical devices, such as implanted devices that break or malfunction inside the body, surgical instruments that fail during procedures, and monitoring equipment that provides inaccurate readings
- Child products, such as toys with small parts that create choking hazards, car seats that fail during crashes, cribs with dangerous design flaws, and playground equipment that collapses or breaks
- Pharmaceuticals, including prescription medications with dangerous side effects that weren’t properly disclosed, over-the-counter drugs that cause unexpected reactions, and contaminated medications.
- Electronics and appliances that overheat and cause fires, products with electrical defects that cause shock or electrocution, and appliances that malfunction and cause property damage or injury
- Consumer products, like power tools that malfunction and cause injury, household products that contain toxic substances, and sporting goods that break during normal use
What Are the Different Kinds of Defective Product Liability Claims?
Product liability cases generally fall into the following three main categories, each requiring different legal strategies and types of evidence:
- Manufacturing defect cases involve products that have safe designs, but something went wrong during the production process.
- Design defect cases challenge a product’s fundamental design, arguing that it is unreasonably dangerous even when manufactured correctly.
- Marketing defect cases focus on inadequate warnings, instructions, or labeling.
Each type requires different forms of evidence and testimony from different experts. Manufacturing defect cases often involve a detailed comparison between the defective product and properly manufactured versions. Design defect cases may require a comprehensive engineering analysis to show how the product could have been designed more safely. Marketing defect cases focus on what warnings or instructions should have been provided.
What if a Family Member Dies as a Result of a Defective Product?
When a defective product causes a loved one’s death, surviving family members may be able to pursue a wrongful death lawsuit against the responsible parties. These cases allow families to seek compensation for their tremendous losses while holding manufacturers accountable for their negligence.
Wrongful death lawsuits in product liability cases can provide compensation for losses such as the following:
- Funeral and burial expenses
- Medical expenses your loved one incurred before death
- Lost income and financial support that the decedent would have provided
- Loss of companionship, guidance, and emotional support
- The pain and suffering your family member experienced before they passed
In New York, wrongful death lawsuits must begin within two years of the death. However, if the family didn’t immediately know that a defective product caused the death, the timeline may be extended under certain circumstances.
