Defective Products Lawyer
It is a manufacturer’s responsibility to provide the public with safe and reliable products. When a company manufactures and sells defective wares that cause injury to consumers, it can be sued for damages.
Because of their complexity of design, mechanical and motorized equipment such as snow blowers, lawn mowers, and power equipment are often sources of injuries due to product defects.
The experienced defective product lawyers at Jacoby & Meyers have the skills and experience to help you hold all negligent parties accountable so that you receive the compensation you deserve. If you have been injured by a defective productive, please contact us today.
Product liability is an area of personal injury law that involves complex litigation regarding defective products. Because the injuries sustained are usually serious, these cases require manufacturers be held accountable for mistakes in the product and/or design of the product. You may be entitled to compensation if your product liability attorney can prove that the injuries you suffered were a direct result of a defect in the product, including:
- Manufacturing defect
- Design defect
- Inadequate warnings (marketing defect)
It is a manufacturer’s responsibility to provide the public with safe and reliable products. When a company manufactures and sells defective wares that cause injury to consumers, it can be sued for damages. Because of their complexity of design, mechanical and motorized equipment such as snow blowers, lawn mowers, and power equipment are often sources of injuries due to product defects.
The experienced defective product lawyers at Jacoby & Meyers have the skills and experience to help you hold all negligent parties accountable so that you receive the compensation you deserve.
Airbags were created to protect vehicle occupants from impact during a crash and are intended to be used in conjunction with seat belts. However, many airbags have proven to be a hazard. Common airbag malfunctions include deploying when there has been no accident, deploying with injuring force, releasing harmful chemicals, and failing to deploy. A defective airbag can cause serious injuries in an auto accident that would have otherwise resulted in only minor injuries or no injuries at all.
The potential dangers have been known to manufacturers for many years, yet they continue to make and install these so-called safety devices with serious defects.
All terrain vehicles (ATVs) are prone to accidents due to design flaws, defective parts, and inappropriate marketing. Design flaws make many models unstable and prone to rollover; many are made from cheap, inadequate parts. The dangers of ATVs are compounded by the fact that they are marketed for children and inexperienced adults.
This, along with the fact that they lack the appropriate warnings and safety instructions, leaves ATV users unaware of the dangers and how to avoid them. If you or a loved one has been injured in an accident caused by a defective ATV, you may be entitled to receive compensation for your damages; our lawyers will review the details surrounding your accident and advise you on the best way to proceed with your claim.
Defective Automobile Manufacturing and Design Defect Lawsuits
Automobile manufacturers have a duty to design and manufacture a safe vehicle. As they research and test their new products, they are made aware of safety concerns in the design, as well as the reliability and durability of their manufacturing materials. Unfortunately, a company’s bottom line sometimes takes priority over the safety of the consumer, resulting in serious accidents and devastating injuries, such as traumatic brain, spinal cord, amputation and burns.
Defective automobile lawsuits are often based on:
- A car’s roof not withstanding a rollover
- A rear end collision causing an explosion
- Air bags not deploying or deploying with dangerous materials exploding inside them
- A seat belt failing to remain latched
- A tire blowing unexpectedly
- Door latch failures
- A side not withstanding impact
- A leaking fuel system
- Defective breaks
Our experienced legal team works with scientific, medical and engineering experts to determine the cause of your accident. We have the time, experience, and resources it takes to prove negligence and win compensation for injuries, repairs, unusable automobiles, and alternative transportation costs.
Defective Brake Systems
Brake systems in vehicles are complex, involving discs, rotors, calipers, and hydraulic lines that must all work together properly in order for the brakes to function and stop the vehicle safely. Leaking hydraulic lines, brakes that overheat, discs that are not properly installed, and calipers that crack are just a few potential defective brake systems. When a brake system fails, you may lose all braking power and be unable to stop or slow down the vehicle.
Brakes can become “mushy,” giving you partial braking power but failing to slow or stop the vehicle quickly enough to avoid an accident. Brakes can grab, causing the vehicle to suddenly jerk to a stop unexpectedly. Defective brakes can also pull to one side, causing you to go off the road, into oncoming traffic, or causing a rollover accident.
Defective Check Engine Lights
The “Check Engine” light can mean something as simple as a poorly fitting gas cap or faulty sensor, or it can mean a serious engine problem such as a malfunctioning electronic throttle control (ETC) unit, which indicates that you are in danger of stalling. Dealerships have a responsibility to find and solve the problem or to replace the vehicle if it is still under warranty. Engine light problems can be very elusive.
Your check engine light may come on and stay on, or it may be come on intermittently. It may be caused by a relatively harmless problem, but it could be caused by something very dangerous that will put you and your passengers at risk. If you have been seriously injured in an avoidable auto accident caused by defective engine lights you may be entitled to receive compensation for your damages.
Defective Car Seats
State laws require children be secured in a safety seat or a booster seat while they are in a car. Many parents find out too late that the car seat they trusted their child’s safety with was less than safe. Approximately ten million car seat recalls have been issued by their manufacturers since 1998. The federal government issued guidelines as a response requiring car seat manufacturers to include LATCH (Lower Anchors and Tethers for Children) features. LATCH is designed to eliminate the need to use your vehicle’s seat belts to attach the car seat.
Defective Fuel Systems
All aspects of a vehicle’s fuel system must be properly designed, manufactured, and installed in order to prevent fuel leaks not only during normal driving but also in the event of an accident. When fuel systems leak, especially during and after a motor vehicle crash, they can cause a fuel-fed fire, resulting in severe burn injuries and death. Poorly placed gas tanks are a common example of defective fuel systems, but less obvious problems can pose just as great of a risk; engines that leak gas when a vehicle rolls over can cause a post impact fuel-fed fire.
Gas caps, fuel lines, fuel pumps, and fuel tanks themselves can all be defective. If you or a loved one has been injured in an auto accident caused by a defective fuel system, Jacoby & Meyers can help you receive compensation for your damages.
Defective Band Saws
Band saws, frequently used in home workshops, are prone to certain malfunctions that can cause injury to users or bystanders. Many models do not include a sufficient blade guard and are susceptible to having the saw blade break during operation. Other potential risks for band saw accidents include a risk of electrocution and fire in faulty products. In one recent case, band saws manufactured by Milwaukee Electric Tool Corp were recalled due to faulty switches that could become stuck.
Another common problem with consumer-grade power tools involves issues with power outage protection, a simple but essential safety measure that is often overlooked by tool manufacturers.
Defective Blinds and Cords
For the past thirty years, the window coverings industry has been made aware that corded, looped window blind cords pose a serious threat to children. Despite this knowledge, however, the industry has continued to design, manufacture, and sell defective blinds/cords.
Babies and children can easily stick their head through the looped part of the window blind cord and hang themselves, causing serious injuries, including irreversible brain injuries and death.
Many businesses and older homes rely on boilers for heating. In recent years, Weil-McLain Co. recalled 171 boilers that were improperly sealed, introducing a risk for exhaust to accumulate which could lead to carbon monoxide poisoning. Crown Boiler Bermuda BSI and Cayman CWI gas boilers were also recalled due to design defects that may cause carbon monoxide poisoning. If you or someone you care about was injured or sustained property losses as a result of a defective boiler, please contact us.
Defective Booster Seats
Booster seats are designed to protect small children from injuries in auto accidents. Unfortunately, they are often found to be unsafe due to manufacturing or design defects and subsequently recalled. Common complaints include:
• They are not crashworthy and don’t sufficiently protect children in the event of an auto accident
• Flammable upholstery material has been used
• Seats contain small pieces that could present choking hazards
• Lack of clear, easy to use instructions for seat usage
Complaints have also been made alleging that manufacturers fail to point out the importance of fastening a booster seat even when it is not occupied, creating a situation in which an unsecured seat can become a projectile during an accident.
While chainsaws have certain inherent dangers, many companies have sold defective chainsaw models that have significant shortcomings in either design or workmanship that can greatly increase the risk of personal injury among users. Some of the defects that have led to chainsaw recalls in recent years include:
- Faulty ignition that creates a potential fire hazard
- Weak handles prone to breakage during operation, causing users to lose control of the saw in a chainsaw accident
- Faulty flywheels that could cause serious personal injury
Many businesses and homes rely on power generators to help them get through electrical outages. In some cases, faulty design or manufacture of generators can lead to property damage, personal injury, or even death. In recent years, the Consumer Products Safety Commission (CPSC) have recalled several models of defective generators as they pose an elevated risk for fire or explosions.
Defective Heater Cooler Medical Device
Heater cooler devices are used in approximately 250,000 heart bypass procedures each year in the United States. The Center for Disease Control has issued an alarming warning to open heart surgery patients and to hospitals that conduct open heart surgeries: contaminated heater cooler devices have been linked to serious and possibly life threatening infections (NTM infections).
In some cases NTM infections become chronic and require ongoing treatment and medication. Symptoms of an NTM infection include:
- Shortness of breath
- Weight loss
- Night sweats
Defective High Chairs
As with other products designed for small children, safety should be the overriding concern in high chairs. Unfortunately, several high chair recalls have occurred in recent years due to design or manufacturing defects. Some common defects include:
- Insufficient stability, which can cause high chairs to tip or fall loose from their frames, causing falls
- Poor locking mechanisms which can cause folding chairs to collapse
- Inadequate design attention to stability of the chair, which can result in a too-high center of gravity and contribute to falls
- Insufficient restraints
Defective Household Products
While your losses can never be fully recovered by monetary awards alone, families who have suffered losses due to defective products do have a right to compensation. Corporations that disregard public safety issues often respond only when their actions become unprofitable for them.
By filing a defective product lawsuit, you can help hold negligent manufacturers accountable so that these injuries do not happen in the future and defective household products are kept off the marketplace.
Defective Kerosene Heaters
Kerosene heaters are popular among homeowners as a primary heat source or as space heating. A defective kerosene heater can carry the risk of fire when it ignites flammable materials; improperly vented heaters can also run the risk of carbon monoxide poisoning. The Consumer Product Safety Commission (CPSC) has established extensive guidelines that heater manufacturers must follow in design and manufacture.
These include installing functional shut-off switches, safety devices to prevent the heaters from tipping over, proper ventilation mechanisms, among other safety features. If you or a family member has suffered a kerosene heater injury, please contact us today.
Accidents involving ladders are responsible for more than half a million injuries every year in the U.S., approximately 300 of which result in death. Many of these ladder accidents can be prevented with proper equipment, training, and safety measures.
Defective Nail Guns
Nail guns are common in the construction industry and have been increasing in popularity among the home “DIY” market in recent years. Due in large part to their increased popularity among non-professionals, nail gun accidents more than tripled between 1991 and 2005. While some of the increase in nail gun injuries is no doubt a result of user negligence, manufacturers often bear responsibility.
Many manufacturers forgo simple safety measures; for example, nail guns can be manufactured to use a two-step firing procedure, which can greatly reduce the number of accidental firings.
Defective Seat Belts
Seat belts were created to minimize injuries in accidents, but one that malfunctions or has design flaws can cause catastrophic injuries or death even in an accident that otherwise would have caused little or no injury. Common seat belt malfunctions include unintentional unlatching and retractor failure. Retractor failure allows slack to be created in the belt; even a few inches of slack in a seat belt allows your body to gain momentum before being snapped back by the belt.
Design defects make many seat belts dangerous for children and small adults; the shoulder strap can sit too high, causing impact to the neck to result in spinal cord injuries. Automatic belts can cause injuries when the lap belt is not worn because all of the force goes to the head and neck. Door mounted belts can cause ejection if the door comes open during an auto accident. Injuries caused by defective seat belts are entirely preventable.
Defective Steering Systems
Steering systems are possibly the most critical part of your ability to control a vehicle; its components can include the power steering pump, hydraulic lines, rack and pinion, and other parts that can fail if not properly designed, manufactured, and/or installed. Power steering pumps can fail if hydraulic lines are defective or improperly installed, mounting bolts and brackets come loose or break, or the pump itself could be defective.
A malfunctioning power steering pump can work intermittently with the vehicle alternating between resistance and responsiveness to steering. When it fails entirely, the wheels become difficult or impossible to turn. Jacoby & Meyers can protect your rights against the high powered attorney teams of negligent auto manufacturers.
Sometimes, manufacturers do not take appropriate caution when designing and building products for children. Numerous stroller recalls have taken place over the years for design and manufacture issues. Common types of problems include:
- Malfunctioning brakes that can cause strollers to roll unexpectedly
- Problems with design or manufacture of locking mechanisms that may cause strollers to fold up with a child inside
- Poor design resulting in a too high center of gravity that can cause the stroller to tip over
- Strollers with insufficient restraints
Defective SUV Roofs
Sport utility vehicles (SUVs) are the vehicles most prone to rollover accidents. Roof strength is a critical part of protecting vehicle occupants during a rollover accident. When roof crush resistance is inadequate, the roof of the vehicle can protrude into the occupant space during a rollover, causing injuries to the brain, spinal cord, and neck. Hollow roof pillars and the lack of roll bars mean that SUVs lack adequate roof crush resistance.
Auto manufacturers are aware of the danger. When SUVs were sold primarily for off-roading, roll bars were standard equipment. Now that their primary use is street and highway driving, roll bars have become optional. Customers must request them and pay extra for the protection even though SUVs are far more likely to roll than passenger cars.
Tire blowouts can cause a vehicle to veer out of control; larger vehicles are especially prone to rollover accidents when tires blow. Defective tires can blow with no warning after very little mileage and may deceptively appear to be in good condition.
Toy recalls have been issued by their manufacturers due to dangerous defects, both in design and in workmanship. Some common complaints have included:
• Toys with lead-based paint
• Toys with small pieces that can become loose and be lodged in a child’s throat causing potential suffocation, leading to brain damage or even death
• Fire and electrocution dangers from electronic toys
Defective Water Heaters
The Consumer Product Safety Commission (CPSC) estimates that more than 4,000 children in the United States are burned by overheated water from residential water heaters every year. Poorly designed and manufactured water heaters can also pose other dangers, depending on the defect, including risk of explosion, fire, and carbon monoxide poisoning.
The most common type of water heater-related injury is tap water burns. Children and the elderly are most susceptible due both to delicate skin and their relative inability to remove themselves quickly from the burn source. As such, the CPSC recommends that water heaters be set to a maximum temperature of 120 degrees Fahrenheit to minimize the risk of burns. Water heaters are required to have safety mechanisms that allow water heat to be set to safe levels.
However, these mechanisms can malfunction as a result of a defect in design or manufacture. The defective water heater attorneys at Jacoby & Meyers can help you receive compensation if you or a loved one has suffered an injury from a defective water heater.
Dangerous and Defective Drugs
Drugs may have been intended to help you with a disease or aid in the treatment of a medical condition, but they may end up harming you in unintended ways. Often, pharmaceutical companies are aware of the harmful side effects caused by their drugs, yet they do nothing to warn consumers or make the drugs safer for consumption.
Unfortunately, many drug makers place profits above consumer safety. Just because a drug is approved by the FDA does not mean that it is safe. When dangerous or defective drugs are not recalled, allowing individuals to suffer serious side effects, the victims may be entitled to receive compensation for your damages.
When it comes to transportation, our workplace, even our leisurely actives, it is safe to say our society is highly dependent on equipment. New Yorkers are especially reliant on equipment, like the escalators used to access subways and trains, elevators used at work and often at home, large-scale heating and cooling machines used to regulate buildings with thousands of occupants, and so on.
Certain industries rely on equipment to conduct business, like the construction industry, which uses forklifts, scaffolds, cranes, bulldozers and other large machines on a daily basis.
Because equipment failure can quickly result is countless injuries, and even fatalities, it’s absolutely crucial that owners of equipment (or those tasked with maintaining equipment) conduct regular inspections, thoroughly address and rectify any malfunctioning equipment as soon as a problem is detected, complete preventative maintenance to avoid injury or death, and use historical data and ongoing observations to predict any issues that are likely to arise.
Paint Containing Lead
Before its ban in 1978, most household paints contained some amount of lead. Used as an additive to enhance color and increase durability, lead is a highly toxic substance. Lead-based paint can enter the body such as through direct ingestion or through airborne particles from deteriorating lead-based paint. Even relatively small amounts of lead can cause serious problems, especially in children age six and under. Some symptoms of lead paint poisoning include:
- Stomach pain
- Metallic taste in the mouth
If you suspect you or your child has suffered from lead-based paint poisoning, see your doctor immediately. If left untreated, lead poisoning can cause permanent damage. The lead paint attorneys at Jacoby & Meyers can help you receive compensation for your damages if you or a loved one has suffered an injury due to lead paint.
Contact Jacoby & Meyers, LLP, through a live chat with one of our representatives, our online contact form, or at (877) 565-2993 today.
Jacoby & Meyers, LLP
39 Broadway Suite 1910,
New York, NY 10006
“If it were not for the integral legal team of experts at Jacoby & Meyers I would not be where I am today with my recovery. I highly recommend hiring Jacoby & Meyers should you ever find yourself injured in an accident, and an individual or company needs to be held accountable for their negligence.” -C.J.
Check out some of our other reviews.