Products are required to be designed and produced so they are reasonably safe for their intended use. Users of products must also be properly warned of the dangers that those products may pose to them. When products are defectively designed or produced, and when they contain inadequate safety warnings, the results can be tragic.
Product liability lawsuits can be complicated, complex, and hard-fought litigations. Success in these lawsuits is only achieved through aggressive and sharp representation by an attorney who understands the complicated scientific and legal aspects of the cases. The attorneys at Cannata, Hendele & Cannata, LLP have successfully represented clients in a variety of product liability cases and have the experience it takes to tackle the multifaceted and complex aspects of these product liability claims.
Types Of Products Liability Claims
New York State products liability case law applies to all products that individuals come in contact with from heavy industrial machinery to consumer goods to pharmaceutical drugs.
There are three basic types of product liability causes of action: defective designs that make the product inherently dangerous, manufacturing defects that cause the product to be unsafe, and inadequate warnings or labels that fail to warn consumers of the product’s inherent dangers or side effects.
Who Can Be A Responsible Party In A Products Liability Action
There are multiple parties who may be responsible defendants for a plaintiff’s injuries due to their role in the production and sale of a defective product, including:
- The designer
- The manufacturer
- The component parts manufacturer
- The wholesaler or distributor
- The retailer from which the product was purchased
- Those involved in the installation or assembly of the product
Proving Products Liability Claims
Generally, to successfully recover compensation in a product liability case a plaintiff must demonstrate that the product caused them to be injured, the product that injured them was defective, the injury was the result of the defect, and that the plaintiff was using the product the way it was intended to be used or a foreseeable misuse.
Gregory J. Cannata & Associate’s Approach To Product Liability Lawsuits
When bringing a products liability cause of action, we understand that there may be numerous defects which contribute to a plaintiff’s injury. Accordingly, we often retain experts and engage in pre-litigation discovery to inspect products to identify the defects which caused the injury and to plan how to successfully win the lawsuit before it even begins. We also obtain the necessary discovery to identify all potentially responsible defendants from the manufacturer to the retailer.
Successfully proving products liability cases can be a challenge. It requires a deep understanding of the technical and engineering aspects of machinery, tools, appliances, and other products, as well as relationships with skilled engineers, safety experts, and medical professionals. Accordingly, we work with our experts for the duration of the litigation to understand all scientific and engineering aspects of the case.
Cannata, Hendele & Cannata has successfully represented plaintiffs in a variety of products liability lawsuits including heavy industrial machines, such as punch presses, press brakes and printing presses; power tools such as circular saws and ultra-high pressure water blasters; kitchen appliances such as food choppers, pressure cookers and stoves; consumer products such as shampoos; and devices such as escalators, elevators and trash compactors. We have the expertise and experience to successfully represent you in these challenging cases, and we fight aggressively to protect our clients’ interests and recover the maximum award they deserve.
Contact us online or call 212-553-9205 to schedule a free, confidential consultation.