Examples of Defective Product Settlements
Recent studies suggest that 40% of all Inferior Vena Cava (“IVC”) Filters will fail after 5 1/2 years, in addition 91.5% of retrievable IVC Filters cannot be removed. Numerous Adverse Incident complaints have been filed with the FDA as a result of this defective product. If you or a loved one has suffered an adverse event or death due to a BARD or other IVC Blood Clot Filter that has failed, fractured or migrated to the heart, lungs or other organs you may be entitled to compensation from the product manufacturer. Therefore, please contact our office to discuss your legal rights for defective product settlements if you have had an IVC Filter Implanted after 2002 or if you have had an IVC filter fail.
Takata Airbag Recall
Automakers have recently instituted recalls for 2015 and 2016 model vehicles due to faulty airbags manufactured by Takata. Since 2008, more than 19 million cars made by twelve automakers have been recalled in the United Sates alone. Honda has recalled 515 model year 2016 CR-V and General Motors recalled 400 cars from the 2015 model year after side airbags failed. If you or someone you know has been injured by a faulty airbag or other motor vehicle device that has been recalled, contact The Grandelli Firm to discuss your legal rights.
New York State law holds manufacturers responsible if they produce a dangerous or defective product, or if they fail to ensure that consumers are aware of any dangers associated with their products. As a result, if you are injured when a company fails to live up to this responsibility causing injury or death, you may have a products liability claim. The cases in this area are “expert driven” and it is necessary to have a qualified expert render a favorable opinion in support of your claim that the subject product was defective. Therefore, if you or a loved one has been injured by a defective product, it is critical that the product be preserved. In this regard, there are numerous cases where Courts in the State of New York have found against the plaintiff due to the unavailability of the alleged defective product on the basis that the defendant has been prejudiced due to their inability to have their own expert inspect the subject product.
Some examples of common New York product liability claims include issues with defective:
- Children’s toys
- Food products
- Construction equipment
- Medical devices
Defective product settlements can be claimed for improper manufacturing, based on the theory that the product design was sound, but for some reason the product itself was not built as planned causing it to be dangerous to use.
A failure to warn claim requires a showing that the manufacturer should have known that the product would be dangerous if used in a certain way, that a consumer would not ordinarily be aware of the danger, and there was no adequate warning given.
The claim may be based on negligence, strict liability, breach of warranty or consumer protection. Regardless of the exact nature of the claim, it is always important to quickly contact a lawyer in order to get a legal consultation of the merits of your defective product settlements. Therefore, if you or your family has lost a loved one as a result of a defective product, please ensure that the product is preserved and contact our firm to discuss your case.