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Contact the product liability lawyers at McCallion & Associates today
Product Liability Attorneys
in New York City
Serving Clients Nationwide
McCallion & Associates
100 Park Avenue, 16th Floor
New York, NY 10017
646-366-0880
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Despite government regulations and safety laws, manufacturers and retailers frequently release
defective and/or dangerous products to the public without adequately ensuring their safety. A frightening
reality is that any type of product can potentially be defective, inflicting harm upon a person due to
defective manufacturing or design-or faulty/deceptive labeling. McCallion & Associates' product liability
attorneys ensure that manufacturers and distributors are held responsible for their actions.
Types of Product Liability
Ultimately, legal liability for a defective product rests on the manufacturer, designer, distributor, wholesaler,
or retailer of a product, assuming the item was being used according to its purpose when the injury occurred.
In the event that this product is deemed to have caused an injury, four types of product liability must be considered:
» Strict Liability - it is proven that the defect in the product caused harm to the victim
» Misrepresentation - it is proven that advertising leads consumers to falsely believe that the product was safer than it was
» Breach of warranty - it is proven that the seller of a product failed to uphold a claim or promise.
» Negligence - it is proven that defective parts and/or improper assembly of a product lead to injury.
Examples of Defective Products
Some recent examples of defective products are the Sulzer knee and hip replacements, the Baxter dialysis filter, and
the St. Gobain Ceramic Hip Implants. Defects in Sulzer devices caused recipients to suffer intense pain and the
inability to walk properly. As a result, more than 1,200 lawsuits have been filed, and a class action lawsuit has
yielded a product liability settlement of more than $1 billion dollars for victims. In addition to medical products,
everyday household wares such as hairdryers, irons and children's toys have caused serious harm to consumers, and
forklifts, conveyor belts and automobile components have hurt employees in the workplace.
Proof of Product Liability
Establishing product liability can be tricky, as one must not only prove that a product was defective, but also that
the said defect directly caused harm to the victim. It is essential to have an exact replica (if not the original) of
the product that lead to the injury. Experts such as engineers or designers may be necessary to determine the origin
of the defect, as well as deem the necessity for a warning label, if this is decided to be the case. Such legal cases
can become drawn out and complicated. Contact our product liability attorneys at McCallion & Associates today if you
or a loved one was injured as a result of a defective product. We have an experienced team of product liability
lawyers in New York City ready to ensure your injury is not ignored, no matter where you live.
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The product liability attorneys at McCallion & Associates fight to make manufacturers of dangerous and defective products liable for their negligence. Clients with cases based in New York or anywhere else in the nation can rely on our product liability lawyers to attain the desired compensation.
Product Liability Attorneys New York – McCallion & Associates
100 Park Avenue, 16th Floor, New York, NY 10017 - |
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