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Consumers depend on inventors, retail stores, and manufacturers to provide them with reliable, safe, and effective goods. Generally, when we purchase an item, we expect it will work as advertised. Unfortunately, this is not always the case, and sometimes, due to an unsafe, poorly designed, or poorly manufactured product, accidents occur, and people are injured. Though the phrase “you get what you pay for” may carry some weight, it should never go this far. If you believe you were injured due to an unsafe or poorly designed product, there is a good chance you will qualify for compensation, which you may use to cover the cost of your medical bills, in-home care, lost wages, and more. Do not let big manufacturing or developing companies deny you of the compensation you deserve. If you think you have grounds to file a product liability lawsuit, you are most likely wondering where to begin. Please read on to learn more.

How do I determine the liable party in a product liability lawsuit?

As with all personal injury claims, the general qualifier for compensation is whether you were injured due to another party’s negligence. However, in a product liability claim, it is sometimes more difficult to determine who was responsible for the injuries you have sustained. When you hire an experienced attorney, he or she will work to establish who caused the accident, and therefore who is liable. Your attorney will also gather the necessary evidence to help satisfy the burden of proof and win you the compensation you deserve.  Here are some of the most common causes of injuries sustained in product liability cases:

  • Failure to Warn: When a company is ready to manufacture its new product, it is their job to include any necessary safety warnings and instructions. For example, rather obviously, it is a good idea to point out and clearly label the safest (and least safe) way to use a chainsaw. If a company fails to warn a user how to safely use their product and he or she is injured as a result, there is a good chance they may recover compensation.
  • Design defects: Design defects very often lead to injuries, as they prevent a product from working as advertised. However, you should know that if you are seeking financial compensation for a design defect, you will have to prove that there was a safer, more feasible, and equally practical design that would still allow the product to operate as it should. 
  • Manufacturer Defects: When a manufacturer deviates or ignores the prescribed manufacturing process for any product deemed safe in design, accidents can happen. If you have been injured because a manufacturer was trying to cut corners, save money, or was just plain negligent, you most likely qualify for compensation.

Contact our New York City firm

If you have been seriously injured as a result of another party’s negligence, contact Swerling Law today to schedule a free initial consultation.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.


Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.


Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

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