Newburgh Product Liability Lawyer

Despite stringent federal regulations and industry standards, dangerous products hurt innocent people daily. Worse yet, many of these accidents can result in debilitating injuries, excruciating pain, and astronomical medical expenses that can forever change a person’s life, including their ability to take care of their families, maintain relationships, or create the life they had planned.

If you were injured because of a defective or dangerous product in Newburgh, you can hold certain parties accountable for the harm you endured and pursue financial compensation for your damages and losses. With a Newburgh product liability attorney, like those at Finkelstein & Partners, on your side, you will not have to take on this legal fight alone.

Finkelstein & Partners: Who We Are

Finkelstein & Partners was founded in 1959 by attorney Howard S. Finkelstein to provide legal services to all those who needed them. Today, the office has not only expanded from one office in Newburgh, New York, to multiple offices around New York and New Jersey, but our staff has grown considerably, totaling over 85 attorneys and 170 para-professionals.

Yet, even with this immense growth over the last 60 years, we remain dedicated to providing our clients with personalized services and unsurpassed legal representation, helping them fight for the compensation they are entitled to after an accident.

And due to this hard work, dedication, and drive, we have secured millions of dollars on their behalf through settlement negotiations and jury trial verdicts, including the following recent judgments:

  • A $16.5 million settlement for a product liability incident where a defectively designed industrial machine caused a catastrophic injury to a machine operator
  • A $4.75 million settlement for a product liability accident where the manufacturer of a product caused catastrophic injuries to our client
  • A $4 million settlement for a child injured due to negligence and product liability, which included a defective design of a commercial lawnmower

However, while we cannot guarantee these same results for all the cases we handle, when you work with our legal team, you can rest assured that our attorneys can fight hard for every last dollar you need.

What Does Product Liability Mean?

Product liability refers to the obligation of every party along the manufacturing chain for the damages caused by a product, including the manufacturer, the wholesaler, suppliers, and even the retail store owner.However, for a product to be considered defective, it must have an unexpected danger or defect that does not meet the consumer’s ordinary expectations. As a result, when you file a product liability claim, you are filing the claim against a manufacturer, designer, or retailer because the product was somehow defective and injured you.

Consequently, these claims tend to fall into the following three categories:

Manufacturing Defects

manufacturing defect is an unintended defect in a product. Rather, it involves a properly designed product, but an assembly error caused it to depart from its intended design and become dangerous.

Design Defects

Design defects occur when a defect is inherent in the product’s design, or rather when there is an error in the original blueprint of the product that makes it unreasonably dangerous for a potential user. However, because these defects refer to a flaw in how the product is designed, these defects will generally affect the entire product line instead of just one specific item.

Marketing Defects

These defects often occur when a product or good has inadequate instructions regarding the proper use of the product or improper warnings that do not protect consumers from injuries when using the product or warn them of latent dangers in the product.

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Types of Product Liability Lawsuits You Can Bring in Newburgh

national trial lawyers top 100 badgeIf a dangerous or defective product harmed you, you can use three legal theories to pursue a product liability claim in Newburgh.

A Negligence Claim

A negligence claim alleges that the defendant was negligent in the manufacturing or the design of a product, and this negligence resulted in the victim’s injuries.

However, to prove negligence, the injured individuals must establish:

  • The defendant owed them a duty of reasonable care, such as selling a safe product
  • The defendant breached this duty, and
  • The individual sustained injuries because of the defendant’s actions

While there are numerous ways that a defendant can be found negligent, some of the more common examples include failing to adequately review or test a product, failing to anticipate certain product uses, failing to warn consumers about non-obvious risks, and failing to comply with certain regulations.

A Strict Liability Claim

Typically, when a person pursues a product liability case under the theory of strict liability, the injured individual is only required to show that a defect in a product existed and their injuries resulted because of it. Consequently, if the flaw exists, the manufacturer and others in the manufacturing chain can be held liable for any harm and losses the product causes, regardless of whether the parties exercised extreme caution when manufacturing the good or product.

A Breach of Warranty Claim

When consumers buy a good, they often rely on two warranties: implied and express.

  • Implied Warranty: An implied warranty refers to a promise by the product’s manufacturer that if customers use the product as intended, it will not harm them.
  • Express Warranty: An express warranty refers to the seller’s or the manufacturer’s statements regarding the product.

A breach of warranty action covers any person who would reasonably use the good or product.

Typical Injuries That Can Result from a Product Liability Accident

While product liability accidents can result in several issues and injuries, some of the more common medical complications that can result from these accidents include:

  • Traumatic brain injuries
  • Neck and back injuries
  • Fractured bones
  • Significant burns
  • Deep lacerations
  • Disfigurement
  • Soft tissue injuries
  • Spinal cord damage
  • Other medical conditions

What Are the Most Common Defective Products Found in Newburgh?

Even though almost any product has the potential of causing a devastating injury to a consumer that can lead to legal action, certain products are known to result in these lawsuits more frequently than others.

They include:

  • Vehicles, such as cars, trucks, and other types of automobiles
  • Pharmaceutical drugs
  • Medical devices
  • Children’s products and toys
  • Pools

However, if you sustained severe harm due to a dangerous or defective product not listed here, reach out to a product liability attorney at Finkelstein & Partners as soon as possible. These attorneys can review the incident, determine if you have a viable legal claim, and help you go after the compensation you need.

Frequently Asked Questions Following a Newburgh Product Liability Accident

Due to the devastating nature of a product liability accident, it is common for victims of this accident and their families to have several questions regarding their legal options and the compensation they should go after. Below, we have prepared responses to some of the frequently asked questions our clients have after a product liability accident.

We hope that with these answers, you have a better understanding of what you should do following one of these tragic accidents, the financial damages you may be able to pursue, and how a Newburgh product liability attorney can help you.

1. What Types of Financial Compensation Can You Pursue in a Product Liability Lawsuit in Newburgh?

If a defective or dangerous product injured you, you might recover compensation.

In New York, this compensation typically includes payment for:

  • Past and current medical bills related to the hospital stay, doctor visits, prescription medications, assistive medical devices, and emergency services
  • Ongoing medical care
  • Lost wages and lost earning capacity
  • Pain and suffering
  • Mental anguish
  • Limb loss
  • Loss of enjoyment and quality of life
  • Loss of consortium
  • Humiliation
  • Inconvenience

Yet, because these damages include both easily verifiable and hard-to-prove losses, it may be in your best interest to reach out to a Newburgh product liability attorney following your accident. These lawyers can analyze your case, determine which damages may apply, and help you fight for maximum financial recovery.

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2. How Much Time Do You Have to Bring a Legal Claim Following a Newburgh Product Liability Accident?

If a defective or dangerous product has injured you, you need to understand that time is not on your side. According to the statute of limitations, you only have a certain amount of time to file a legal claim following an alleged offense. If you do not file your case within that period, you cannot pursue legal action to collect the compensation you need.

In New York, for instance, you will only have three years following a Newburgh product liability accident to file a lawsuit. However, this statutory period can change depending on whether any exceptions apply to the rule. For these reasons, do not wait to reach out to a Newburgh product liability attorney after the accident.

At Finkelstein & Partners, our legal professionals can not only promptly review your case and figure out how much time you have to file a suit, but they can also help ensure that all of your legal documents are prepared correctly and filed with the appropriate court before time expires.

In addition, even though you may have years to file a case, it may not be a good idea to wait that long. This is because the longer you delay pursuing legal action, the higher the likelihood is of evidence disappearing, memories of the incident fading, and witnesses no longer being able to testify. These factors can impact your chance of winning your suit and securing the money you need.

3. How Can Working With Finkelstein & Partners Secure the Money You Need Following a Newburgh Product Liability Accident?

Following a product liability accident, the last thing you want to stress about is gathering evidence to show what happened and preparing legal arguments to prove your case. Fortunately, with a Newburgh product liability attorney, like those at Finkelstein & Partners, you will not have to take on this challenging legal ordeal on your own.

Rather, when you hire us, we can:

  • Evaluate your claim, determine if you have a viable case, and figure out your legal options.
  • Answer all your questions and concerns regarding your case and the legal proceedings.
  • Thoroughly investigate your Newburgh product liability accident and gather the evidence needed to show fault and damages.
  • Hire experts such as engineers, financial specialties, and doctors to substantiate your claim.
  • Handle all the negotiations with the other side and go after a just settlement offer.
  • Proceed to trial if the other side is unwilling to provide you with the money you need and fight for maximum damages.

andrew finkelstein
Newburgh Product Liability Attorney, Andrew Finkelstein

If a dangerous or defective product injured you or a loved one in Newburgh, do not wait to secure the legal help you need. Instead, reach out to Finkelstein & Partners today at (845) 562-0203 for your free case evaluation and find out how our Newburgh product liability attorneys can help you fight for the justice you deserve.


Newburgh

1279 Route 300
PO Box 1111
Newburgh, NY 12551

845-562-0203

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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959

Our very first office was opened in Newburgh in 1959, and we are proud to say our headquarters is still located in the heart Newburgh. Whether it is providing exceptional legal representation or giving back to our community, we strive to give our all.