There isn’t a single American that isn’t at least casually familiar with product liability. The most famous example is, of course, the McDonald’s hot coffee case. Manufacturers, distributors, and retailers are legally responsible if their product causes harm due to being defective or dangerous. In the McDonald’s case, the world’s biggest burger slingers were responsible for serving their coffee at a temperature so high that it caused serious burn injuries.
In Brooklyn, like anywhere else in New York and America, there are product liability laws that offer protection to consumers who are harmed by products defectively designed, manufactured, or marketed. Some people may dismiss these cases as someone trying to get one over on a business – easy money for a little drama, as it were. But the reality is that these are, more often than not, very serious cases that have done real harm to people. When a company puts out a defective product that causes harm, they are responsible and there are clear avenues to hold them accountable.
So, what do you do if you’ve been injured by a defective product?
Seek Immediate Medical Attention
First things first, go to the hospital. Regardless of how serious it is, seek medical attention and get checked out by a healthcare professional. Sometimes injuries, like internal trauma or head injuries, may not show symptoms immediately but can worsen over time. Additionally, having medical records, such as bills, prescriptions, receipts, etc., will be critical as you build a case for a personal injury claim.
Retain the Defective Product
Next most important thing, do not throw out the defective product. You hang onto that puppy to prove that the product was indeed defective and was the cause of your injury. It could be a broken toaster, a busted tailpipe, or a lead-covered toy – whatever it is, hang onto it and keep it in the exact condition it was in when you were injured. Don’t be a hero and try to repair, alter, or toss out the product. Doing that could kill your argument.
Additionally, you’ll want to report the product to the Consumer Product Safety Commission or a local consumer protection agency. Having the defective product available as evidence will be imperative when talking with these agencies.
Document the Incident and Injury
Document, document, document. Even if you think it’s not important, have a document of it. It can only help, not hurt the more documentation you have. Take photos of your injury, the defective product, the scene of the injury, and literally anything else you think could remotely help your case.
Write a detailed account of the incident as soon as you’re able while the details are fresh in your mind. The human memory ain’t what we thought it was, so write down everything you can remember while it’s hot. Include the names and information of any witnesses, information on exactly how the product malfunctioned, the immediate effects on your health, and how the injury has impacted your life. All of this will be relevant as you go through the personal injury claim process.
Identify the Type of Defect
“Wait, there are different types of defects?” You may be asking yourself in an exasperated manner. Yes, there are different types of defects and it’s important to be able to distinguish between them as you move towards filing a product liability claim.
Design Defects: These occur when the product is inherently dangerous due to its design, even before it’s manufactured. For example, if a piece of furniture has a design flaw that makes it unstable, it could pose a risk to the consumer.
Manufacturing Defects: These happen during the production process when a product is made improperly. An example would be a car part that is built incorrectly, leading to failure during use, even if the design was safe.
Marketing Defects: Also called “failure to warn,” these defects occur when the manufacturer or retailer fails to provide proper warnings or instructions about the product’s dangers. This is common in products that require specific safety instructions or come with risks that consumers may not be aware of, such as medications, household chemicals, or power tools.
Your Brooklyn personal injury lawyer will help you determine which type of defect led to your injury, as it will affect how the claim is handled.
Contact a Brooklyn Personal Injury Lawyer
Right, hire a Brooklyn personal injury lawyer. You won’t be able to navigate this on your own. Dumber people have tried and failed in that pursuit. There is no shortage of qualified personal injury attorneys in Brooklyn and New York City writ large. Having representation in your product liability claim is the difference between compensation and being laughed out of the courtroom.
A qualified Brooklyn product liability attorney will help you navigate the legal process, including determining the responsible parties, filing the necessary paperwork, and gathering the necessary evidence to support your claim. They can also help you determine whether the case will be best pursued through a personal injury claim or a class action lawsuit if the defect has caused injuries to others.
Consider the Statute of Limitations
You can’t have been injured in 1976 and pursue a claim in 2025. That’s ridiculous. Statute of limitations exist to prevent folks from jamming up the court’s docket over harms they have long since healed from. In theory. In New York, you generally have three years from the date to file a lawsuit in Brooklyn.
If you’ve missed the statute of limitations, fret not. In some cases, that deadline can be extended. For example, if you didn’t discover the injury or its cause until later, you might have more time to file. Your attorney can help you understand how these statues apply to your specific situation and can help you meet any deadlines.
Consider the Potential for a Settlement
If you’re expecting to go to court when you file, you may be disappointed. Or relieved, depending on the situation. Almost all product liability cases are settled before reaching trial. Settlements are quicker and far less stressful than going to trial.
If the manufacturer or insurance company offers a settlement, and they likely will, your attorney will review the offer to determine whether that compensation is fair. If it’s inadequate, your representation will advise you on whether to reject it and pursue litigation or continue negotiating.
Know the Risks and Benefits of Litigation
Litigation is a long, expensive, and draining process. There is no guarantee of success, and manufacturers or retailers of a product are in a better position to wait complainants out. Understanding and managing expectations about what will happen as you march down the tiring path of product liability lawsuits will help you understand the potential risks of litigation.