The Law Office of William A. Gallina, P.L.L.C.
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Products Liability

When purchasing a product released for public use, it is reasonable to assume the product has undergone extensive safety testing before sale.  Products should be designed so that they can be safely used by the public.  We rely on the designers, manufacturers, and branding companies to produce a product free of dangers, one that is properly labeled, and functions effectively across all spectrums of reasonably foreseeable use.  When these products fail to function as advertised, accidents can occur, ranging from minor injuries to life-altering tragedies.  Some results of product malfunctions include:

  • Loss of Limbs
  • Scarring
  • Blindness
  • Respiratory Distress
  • Death

The simple failure of an ignition switch in a car can cause a multi-vehicle accident, leaving many in critical condition.  A mislabeled heater left near a window panel can cause a fire throughout numerous apartment buildings.  One small mistake can lead to widespread tragedies.  When you file a product liability claim, you may unwittingly be saving another’s life by preventing that product from inflicting similar harm in the future.  A successful product liability suit can lead to banning or recalling dangerous or mislabeled products from the market.

Our product liability attorneys in the Bronx believe that a manufacturer, distributor, and retailer are responsible when a product malfunctions.  You deserve monetary compensation to cover any medical expenses, future or past income loss, as well as pain and suffering.  The lawyers at the Law Office of William A. Gallina will help you secure fair compensation for your claim. 

Who may liable in a product liability claim?

Any entity involved in the chain of distribution for a defective product may be liable for injuries caused by the defect.  Potentially liable parties include the manufacturer, distributor, and retailer of the product.  The purpose behind strict product liability doctrine is to spread the risk of loss caused by defective products away from the innocent user and to the entities in the distribution chain who stand to make a profit from its sale. 

Who can file a product liability claim?

A consumer or product user who is injured due to a defective product may bring a product liability claim.  To prevail, you must show that the product was inherently defective as of the time it left the custody and control of the manufacturer, supplier, or retailer, and that the defect caused the injury or damages.

What are the categories for a product liability claim?

The most common product liability claims are design defects, manufacturing defects, and failure to warn defects.  

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Design Defects

To determine whether a product as marketed was reasonably safe or unreasonably dangerous, an analysis is performed from the perspective of a reasonable person with knowledge of the potential for injury of the product compared with design alternatives that were available as of the time it left the manufacturer’s hands. The reasonable person must balance the product’s risks for injury against its utility and costs, and compare that with the risks, utility, and costs of an alternative design. If, after performing this analysis, a reasonable person would conclude that it was feasible to design the product in a safer manner using an alternative design, then the product is deemed defective. Put another way, if the design defect had been known at the time of manufacture, and a reasonable person would conclude that the product’s utility did not outweigh its risk, then the product is defective. The product liability lawyers at the Law Office of William A. Gallina can evaluate your case and help you secure fair compensation if you have been injured due to a defectively designed product.

 
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Failure to Warn Defects

A manufacturer has a duty to warn against latent, non-obvious dangers resulting from foreseeable uses of its product of which it knew or should have known. A manufacturer also has a duty to warn of latent dangers from unintended uses of a product, provided these uses are reasonably foreseeable. A warning serves not only to inform the product user of a particular danger associated with the product, but also to alert the user of alternatives that can be followed in order to avoid the danger. A manufacturer will not be liable for a failure to warn if the user was already aware of the product’s patently obvious risk or danger that caused the injury. If you have been injured by a defective product’s failure to adequately warn, contact one of our product liability attorneys for a free consultation regarding your rights to fair compensation.

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Manufacturing Defects

Manufacturing defects are imperfections that inevitably occur in a typically small percentage of products of a given design as result of the fallibility of the manufacturing process.  A defectively manufactured product does not conform in some significant aspect to the intended design, nor to the great majority of products manufactured in accordance with that design. With a manufacturing defect, a claimant must prove that the product which caused the injury was defective in the sense that it did not perform as intended.  Fault plays no part in the liability equation.  A defectively manufactured or assembled product is one that is flawed because, without regard to fault, it was misconstructed. The product liability attorneys at the Law Office of William A. Gallina will help you decide the best course of action for your claim, so that you can receive fair and adequate compensation.

Products Liability Verdicts & Settlements*

Below are some representative verdicts and settlements obtained by the product liability attorneys at the Law Office of William A. Gallina, PLLC on behalf of clients in the Bronx and throughout New York City who suffered injuries due to a product liability:

  • A 46-year-old Bronx man recovered a settlement of $1,750,000 after a portion of his hand was severed due to a defective meat packing machine.

*Past results do not guarantee future outcomes.

If you feel your injury is due to a product’s defective design, defective manufacture, or its failure to adequately warn against its dangers, the product liability attorneys at the Law Office of William A. Gallina may be able to help. Our attorneys will work with you to decide if you have a case, bring in some of the most qualified experts to testify on behalf of your claim, and investigate your claim fully to help you receive just compensation.  For more information on product liability claims or to file a claim with our Bronx accident lawyers, contact the Law Office of William A. Gallina at 718-892-0400 or request a free consultation.

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