Poughkeepsie Product Liability Attorneys

Helping Victims of Defective Products in Poughkeepsie, NY

When you purchase a product, you expect it to be safe to use. Unfortunately, this is not always the case. Defective products cause thousands of injuries and deaths each year in the United States. If you or a loved one has been injured by a defective product, you may be entitled to compensation for your injuries.

At Basch & Keegan LLP, we are committed to helping the victims of defective products. Our Poughkeepsie product liability lawyers have extensive experience handling these types of cases and can help you navigate the legal process. We understand that this is a difficult time for you and your family, which is why we will provide you with the compassionate legal guidance you need and the aggressive advocacy you deserve.

Call } or contact us online to schedule a free consultation with our team today.

What is Product Liability?

Product liability is an area of personal injury law that holds manufacturers, distributors, and retailers responsible for the products they put on the market. When a product is defective and causes injury to a consumer, the manufacturer and other parties in the supply chain can be held liable for the victim’s damages.

There are three main types of product defects:

• Design defects: These are defects that are present in the product’s design. This means that every product in the line is defective and poses a risk of injury to consumers.
• Manufacturing defects: These are defects that occur during the manufacturing process. This means that only some of the products in the line are defective and pose a risk of injury to consumers.
• Marketing defects: These are defects that occur during the marketing process. This means that the product is not properly labeled with warnings or instructions for use, which poses a risk of injury to consumers.

Product liability claims can be brought against any party in the supply chain, including the product’s manufacturer, distributor, or retailer. In some cases, multiple parties can be held liable for a defective product.

What are the Different Types of Product Liability Claims?

There are three main types of product liability claims: negligence, strict liability, and breach of warranty.

Here’s a closer look at each type of claim:

• Negligence: In a negligence claim, the victim must prove that the manufacturer or another party in the supply chain was negligent in some way. This means that the victim must prove that the manufacturer or another party owed them a duty of care, breached this duty of care, and that this breach of duty caused their injuries. For example, if a manufacturer failed to properly test a product before putting it on the market, the victim may be able to file a negligence claim against the manufacturer.
• Strict liability: In a strict liability claim, the victim does not need to prove that the manufacturer or another party in the supply chain was negligent. Instead, the victim only needs to prove that the product was defective and that this defect caused their injuries. This makes strict liability the easiest type of product liability claim to prove.
• Breach of warranty: In a breach of warranty claim, the victim must prove that the manufacturer or another party in the supply chain breached an express or implied warranty. An express warranty is a guarantee that the manufacturer makes about the product. An implied warranty is an unwritten guarantee that the product is safe to use. For example, if a manufacturer guarantees that a product is safe to use, but it causes injury to the consumer, the consumer may be able to file a breach of warranty claim against the manufacturer.

What are Some Examples of Defective Products?

Defective products can be found in every industry. Some of the most common types of defective products include:

• Automobiles and Auto Parts:
  • Faulty brakes or airbags
  • Defective tires
  • Engine problems leading to breakdowns or accidents
• Pharmaceutical Drugs:
  • Medications with undisclosed side effects
  • Contaminated or improperly labeled drugs
  • Inadequate warnings on labels
• Medical Devices:
  • Faulty pacemakers or defibrillators
  • Defective hip or knee implants
  • Incorrectly calibrated medical monitors
• Children’s Toys:
  • Toys with small parts that pose choking hazards
  • Toys with toxic materials
  • Poorly constructed or flammable toys
• Household Appliances:
  • Malfunctioning ovens or stoves
  • Faulty washing machines or dryers
  • Electrical issues leading to fires
• Power Tools:
  • Defective power drills or saws
  • Tools with electrical or safety issues
  • Inadequate safety guards on equipment
• Construction Equipment:
  • Cranes or bulldozers with hydraulic system failures
  • Faulty safety mechanisms on construction machinery
  • Defective scaffolding or ladders
• Industrial Machinery:
  • Manufacturing equipment with electrical problems
  • Machines with malfunctioning safety features
  • Equipment that fails to meet industry standards
• Electronics:
  • Overheating or exploding batteries in smartphones or laptops
  • TVs or monitors with faulty displays
  • Defective chargers or power cords
• Cleaning Products:
  • Cleaning solutions with toxic ingredients
  • Containers that leak or malfunction, posing chemical exposure risks
  • Aerosol sprays with faulty nozzles
• Food and Beverages:
  • Contaminated or spoiled food products
  • Products with undeclared allergens
  • Food items with misleading packaging or inaccurate labeling
• Cosmetics:
  • Cosmetics causing skin reactions or allergies
  • Products with harmful chemicals
  • Misleading or inadequate labeling regarding ingredients
• Clothing and Apparel:
  • Clothing with flammable materials
  • Items with choking hazards like small buttons
  • Shoes with substandard soles or fastenings

What Damages are Available in a Product Liability Claim?

If you have been injured by a defective product, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and more. In some cases, you may also be entitled to punitive damages.

There are three main types of damages available in a product liability claim:

• Economic damages: These are damages that are meant to compensate the victim for their financial losses. Economic damages include medical expenses, lost wages, and loss of earning capacity.
• Non-economic damages: These are damages that are meant to compensate the victim for their non-financial losses. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.
• Punitive damages: These are damages that are meant to punish the defendant for their actions and deter others from engaging in similar behavior. Punitive damages are only awarded in cases where the defendant’s conduct was especially egregious.

How Can a Product Liability Lawyer Help Me?

If you have been injured by a defective product, you should speak to an experienced product liability attorney as soon as possible. A lawyer can help you understand your legal rights and options and guide you through the process of filing a claim. They can also help you gather the evidence you need to prove your claim and negotiate with the insurance company on your behalf.

At Basch & Keegan LLP, we are committed to helping the victims of defective products. Our Poughkeepsie product liability lawyers can help you file a claim and fight for the compensation you deserve. We will work tirelessly to protect your rights and help you obtain a favorable outcome in your case.

Contact us today at (845) 251-4545 for a free case evaluation.