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When you buy a product, you expect you know what you’re getting. We are fortunate enough to live in a country filled with brilliant inventors and methodical manufacturers, trained in efficiency and productivity. However, sometimes, products are defective, which, rather obviously, catches users by surprise, sometimes causing serious injuries. Most people who are injured in product liability cases feel betrayed and in pain, which is why they generally seek financial compensation to help cover the cost of their medical bills, in-home care, lost wages and more. If you have been injured due to a defective product, please read on to learn more about your potential legal options going forward.

What are the qualifications for a valid product liability claim?

First, your attorney will determine whether you were injured due to another party’s negligence, as this is the primary qualifier for financial compensation in all personal injury claims. Once established that you were indeed injured due to another party’s negligence, your attorney must then determine who is liable for the injuries you have sustained. This is generally a bit tougher in product liability claims, as there are several different parties that may have contributed to the product’s defectivity that caused you injuries. The main types of product negligence are as follows:

  • Design defects: When a company designs a product, they must ensure they do so safely and efficiently, eliminating the risk of any potential injury. If you can prove that you were injured due to negligent product design, you may be entitled to financial compensation. However, you must first make it clear that there was a safer, more feasible, and equally practical design that could’ve prevented your injuries without decreasing the product’s overall effectiveness. An experienced attorney can help gather all the necessary evidence to help prove your claim. 
  • Failure to warn: If you were injured because a company failed to include all safety warnings and instructions, there is a very good chance you can recover compensation. Even if a product is safe when used correctly, such as a chainsaw, if a company does not include warnings or instructions regarding proper usage, people are often unfairly injured as a result.
  • Manufacturer defects: When manufacturers ignore the designer’s guidelines for a safe, effective product to cut corners, save money, or more, the product may very well become unsafe and injure consumers as a result.

Contact our New York City firm

If you have been injured in a New York City car accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.


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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