New York Personal Injury Attorney / Albany Product Liability Lawyer

Albany Product Liability Lawyer

12 Corporate Woods Blvd. Suite 206
Albany, NY 12211

518-452-2813

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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959

Although there are strict regulations to protect consumers from defective products, these hazardous goods still make it into the consumers’ hands, even in areas such as Albany, resulting in devastating consequences, including catastrophic injuries, debilitating pain, and a life forever changed.

However, if such an accident injured you, you do not have to deal with the repercussions alone. You may hold any party in the defective product’s distribution chain legally responsible for your harm and losses. More importantly, with an Albany product liability attorney, like those at Finkelstein & Partners, on your side, you will not have to tackle this complex legal battle by yourself.

About Our Firm

Attorney Howard S. Finkelstein founded Finkelstein & Partners to help those who could not help themselves. Now in its sixth decade, the firm has surpassed these goals and has grown to include multiple offices around New York and New Jersey and a staff of more than 170 para-professionals and 85 lawyers.

Yet, even with this massive growth, we remain dedicated to fighting for and winning the money our clients are entitled to from responsible parties and insurance companies.

In fact, since our founding, we have secured millions of dollars for our clients through settlements negotiations and jury trial verdicts, including these recent judgments:

• A $4.75 million settlement to an individual harmed by a defective product that resulted in their catastrophic injuries
• A $16.5 million settlement for a product liability incident where a defectively designed industrial machine caused debilitating injuries to a machine operator
• A $4 million settlement to a child harmed by a defectively designed commercial lawnmower

While we guarantee no results, contact us at Finkelstein & Partners today to see what we can do for you.

Product Liability Laws—What You Have to Know

Product liability laws are in place to protect consumers harmed by a faulty device or a poor warning label by holding manufacturers, distributors, retailers, and suppliers who make the products available to the public liable for the harm these products caused.

Under these laws, a product needs to meet the consumer’s ordinary expectations. When it does not and has an unexpected defect or danger, it cannot be said to meet these expectations, and individuals may be able to pursue legal action against those responsible for this defect or danger.

Three Types of Product Defect Claims

There are three types of product defect claims. However, figuring out which of these claims applies to your case will typically depend on the manufacturer’s intention behind the good or product. We may need to review the product’s supply chain management and determine where things failed in the process.

Design Defects

Design defects occur in inadequately designed or tested products, making them unsafe for consumers to use as intended. These defects usually affect the entire product line rather than just one specific unit.

Some examples of design defects include:

• A structurally unstable product, such as a dresser that can topple over
• A piece of clothing that is excessively flammable
• A motor vehicle that can accelerate by itself
• A product that does not properly contain toxic substances

Manufacturing Defects

A manufacturing defect is unintended. These defects tend to occur during the production or the construction of the product and typically include one or more units but not the entire line.

Some examples of manufacturing defects include:

• Incorrectly attached parts
• Improperly manufactured materials or plastics
• Faulty locks on motor vehicle doors

Most product liability lawsuits will fall under this category.

Defects in Marketing

These defects can include improper product instructions or the failure to warn consumers of possible dangers in the product.

Common examples of marketing defects include:

• False claims
• Advertisements encouraging consumers of improper use
• Warning labels that are not correct

How Do I Bring a Product Liability Claim in Albany?

In general, you will base a product liability claim on negligence, strict liability, or a breach of warranty of fitness.

Negligence

This is a failure to behave with the care that another person of ordinary prudence would have in similar circumstances. These negligence claims also allege that the company knew or should have known about the consumer risks associated with the product.

Yet, to prove negligence, an individual harmed by a defective or dangerous product needs to establish:

• The defendant owed the victim a duty of reasonable care, such as ensuring the product was safe to sell
• The defendant breached this duty
• The individual suffered serious injuries because of the defendant’s breach

While negligence may arise in many different ways, some of the more common examples of negligence in a product liability case include failing to anticipate a product’s uses, failing to warn consumers about non-obvious risks, failing to test a product properly, and failing to comply with state and federal regulations.

Strict Liability Claims

Under a strict liability claim, the manufacturer and others in the manufacturing chain can be held responsible for any harm and losses that a product caused, regardless of their efforts to make the product safe. The injured individual will not have to prove negligence or fault under this theory, but rather only that the defect in the product existed, it posed an unreasonable danger, and the individual’s injuries resulted because of the defect.

A Breach of Warranty Claim

A breach of warranty claim refers to a violation of an express or implied warranty.

Or, put more simply, this claim occurs when the warrantor failed to provide the assurance warranted.

• Implied Warranty: This warranty refers to a promise by the product or good’s manufacturer that if the consumer uses the product as intended, it will not cause harm.
• Express Warranty: If a seller explicitly promises a buyer something about the product, it creates an express warranty. These warranties are often written and include everything from consumer warranties to product samples.

A breach of warranty claim covers any individual who a manufacturer would reasonably expect to use the product.

Defective and Dangerous Products Can Cause Severe Trauma

When a defective or dangerous product harms a consumer, the injuries can be catastrophic.

Yet, while the type and extent of these injuries will often depend on the circumstances of the accident and the product, some of the more common injuries that can result include:

• Traumatic brain injuries
• Spinal cord injuries and paralysis
• Broken bones
• Soft tissue injuries
• Internal bleeding and organ damage
• Neck and back injuries
• Burn injuries
• Amputations
• Wrongful death

Most of these injuries can also result in astronomical medical bills and other expenses that will start piling up, especially if you cannot work because of the harm you endured.

That is why if you suffered an injury because of a product liability accident in Albany, you should reach out to an experienced Albany product liability lawyer, such as those at Finkelstein & Partners, as soon as possible. Our attorneys can try to do everything possible to get you the full compensation you deserve while you focus on what is most important, your recovery.

Frequently Asked Questions About Product Liability in Albany

Following a product liability accident, it is common for a victim of this horrifying event to have several questions regarding their legal remedies and the legal options. Yet, until you can speak about these specific concerns with an experienced product liability attorney, we have prepared the following responses to some of the more frequently asked questions our clients often have following a product liability accident.

We hope with the below information we can provide you with some clarity regarding these serious accidents, the types of compensation you may be able to go after, and how an experienced product liability attorney can help you fight for the financial recovery you need.

1. Who Can You Hold Liable for a Defective Product Accident in Albany?

Various parties can be held responsible for a defective product in Albany, depending on their role in the defective product’s distribution chain.

As a result, some of the more standard parties that plaintiffs hold liable for disastrous accidents include:

• Manufacturers
• Wholesalers
• Distributors
• Suppliers
• Contractors
• Designers
• Engineers
• Other at-fault parties

However, determining which party can be named a defendant will depend on the case and the product involved. Following your accident, it may be in your best interest to work with an Albany product liability attorney, like those at Finkelstein & Partners. Our lawyers not only can determine what happened and who caused your accident, but they can also help you hold all of those at fault for the accident accountable for the harm and losses you endured.

2. What Types of Compensation Can You Pursue in an Albany Product Liability Lawsuit?

If you have been injured in an Albany product liability accident, recovering financial damages will depend on numerous factors, including the state laws and the severity of your injuries.

Yet, if your product liability claim is successful, you may recover economic damages, which tend to include easily measurable losses such as:

• Past and current medical expenses, including payment for hospital stay, prescription medications, doctor visits, and surgeries
• Future medical care expenses
• Lost wages and reduced earning capacity
• Domestic replacement services
• Rehabilitative therapy (physical and occupational therapy)
• At-home nursing care
• Other out-of-pocket expenses

In addition, you can also collect non-economic damages, which involve payment for losses that are not easily verifiable.

These losses include:

• Pain
• Suffering
• Mental anguish
• Physical disfigurement and disabilities
• Loss of enjoyment and quality of life
• Loss of consortium
• Humiliation
• Inconvenience

However, to figure out which of these damages may apply to your legal case, you should reach out to an Albany product liability attorney as soon as possible. These lawyers can promptly review your accident, determine which damages they can fight for on your behalf, and go after the maximum compensation you are entitled to.

3. Can Working with Finkelstein & Partners Help Me Go After the Money I Need Following an Albany Product Liability Accident?

If you or a loved one endured severe injuries because of a dangerous or defective product, you might be entitled to compensation for your losses and harm. However, to secure the full extent of these damages, it may be a good idea to work with a knowledgeable Albany product liability accident attorney, like those at Finkelstein & Partners.

When you hire us, we can:

• • Go over your product liability accident, determine if you have a valid legal case, and determine what legal options you should pursue.
  • Investigate the incident and obtain the evidence necessary to prove fault and damages.
  • Bring in experts to prove liability and validate your claim, such as engineers, doctors, and accident reconstructionist.
  • Handle all the negotiations with the other side and go after a just settlement offer.
  • Ensure that legal motions are correctly prepared and filed with the court before the statute of limitations expires.

• Take your case to trial if the other side won’t provide you the fair compensation you need, and fight for the successful resolution of your case.

If a dangerous or defective product disrupts your life or the life of a loved one in Albany, do not wait to get the legal help you need. Instead, contact Finkelstein & Partners today at (518) 452-2813 for a free case evaluation and find out how our Albany product liability attorneys can help you fight for your rights and the justice you deserve.