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New York Product Liability Attorneys


What Is Product Liability; What Is A Product Liability Claim and Can They Be Brought As a New York Class Action suit When A Person’s Individual Damages Are Not Large?

Items, used as designed, shouldn’t damage you or your property. This is a plain and simple declarative statement. It is true and no individual should doubt it. But, imagine if an item injures me or damages someone or their property? In the United States, if a product damages people or damages property, its producer is strictly responsible for the harm the merchandise caused. Product Liability is the liability of companies, marketers, retailers along with other resellers of defective merchandise. Cases submitted against these organizations for damage and harm cause by defective items are called Product Liability lawsuits.

Frequently consumers think that the lawyer fee they would owe to pursue their lawsuits regarding defective products will be too big to justify employing a lawyer. Other times consumers think that hiring experts to examine their lawsuits will be so costly they couldn’t afford to go after their lawsuits concerning defective products. The solution to both problems lies in pursuing these claims as class action lawsuits.

In a class action one or a few people who own faulty products which were marketed to numerous sue on behalf of themselves and all other consumers that purchased the identical merchandise. The individual that files the lawsuit, who is named in the suit, is called the class representative. He/she “represents” all of the other product owners, the “class members,” who are collectively referred to as the “class.”

Lawyers who would not agree to represent one or a few owners that purchased a faulty product will agree to represent someone that is willing to be a “class representative” who is willing to act in a representative capacity on account of all of the other product owners. Attorneys that specialize in class actions normally advance the charges and expert witness fees required to advance the class’ claims.

Lawyers that stand for classes of consumers are paid by the company that is sued, the defendant, either from the settlement common fund, or pursuant to agreement, all of which is susceptible to the Court approval.

Examples of New York product liability or defective product class actions include the following:

Frontload Washers: Electrolux, Frigidaire, Bosch, Siemens, Maytag, Whirlpool, Samsung, LG
Residential Windows: International, Merzon, Champagne, Viking, Pella & Marvin
Computers: Apple, HP & Dell
Tires: Bridgestone Tire
Roof Tiles: Monier, LifeTile, MonierLifeTile, US Tile, Pioneer, GAF
Microwave Ovens: General Electric

Nearly every product available to a customer that is defective and has or is considerably prone to cause injury to a person or property damage can be prosecuted in a defective products lawsuit.

Many states have consumer protection statutes which prohibit a company from creating misrepresentations or concealing information about a products characteristics, uses, benefits, sponsorship, approvals, quality, grade or standard. Good examples of this are “Our windows won’t leak,” “Your clothes will be cleaner, smell fresher and look brighter after you use a (insert manufacturer’s name) frontload washer” or “After you install a (insert manufacturers name) roof, you’l never need another one.”

Customers have rights, although more limited than you would think. These legal rights can be declared against manufacturers, suppliers and web-based companies that make misrepresentations and omissions. This is true even if the misrepresentation or omission is about an affordable service or product. In the context of a class action small and fairly large individual damages can be recovered against large corporations.



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