Dangerous & Defective Products

When people purchase products such as lawn mowers, snow blowers, power tools, or even various types of food or drink, for example, they trust that these products are safe to use. However, it is an unfortunate fact that frequently, the use of these products results in serious personal injuries.

The Law Office of Mark A. Siesel is dedicated to holding the manufacturers, distributors, and sellers of dangerous products accountable for injuries that they cause by their negligence in failing to properly manufacture, design, or test their products before they are offered for sale to the general public. Our firm has the experience, knowledge, and dedication to ensure that our clients will be compensated to the fullest extent for their pain and suffering, medical bills, loss of enjoyment of life, incidental bills, and more. If you’re injured by an unsafe product of any kind, whether it’s a food or a consumer product, contact The Law Office of Mark A. Siesel for a free, no obligation consultation.

What Is a Defective Product Claim?

Manufacturers, distributors, and retailers are responsible for selling their products to the public without any dangerous defects. The manufacturer or other provider of goods has an obligation to test and inspect products to determine that they are reasonably safe before placing that product on the market. Additionally, potentially harmful products must be labeled appropriately to warn the buyer of any possible risks.

Injuries that are caused when someone is using a product that was manufactured or marketed in a defective or dangerous way can be the basis for a potential claim against the manufacturer, distributor, or seller of that product in a products liability lawsuit. The basic concept in product liability law is that the companies providing the products are usually in the best position to prevent defective products from entering the marketplace. Thus, if they fail to do this, they can and should be held accountable.

The Law Office of Mark A. Siesel has the experience, knowledge and background to determine whether our clients have viable claims against the manufacturer, distributor or seller of dangerous products and to obtain the maximum possible compensation for their injuries.

We will pursue claims against manufacturers, distributors, and sellers of dangerous products under various legal theories including:

• Negligence—defined as a lack of reasonable care in the manufacture or sale of the product or in warning about the product;
• Breach of warranty—meaning a failure to fulfill the terms of a promise regarding the product’s performance;
• Misrepresentation—misleading a consumer into believing a product is safe when the product has not been sufficiently tested or designed;
• Strict liability—a defective product which may not be the fault of the defendant but which is “unreasonably dangerous” and thus the manufacturer, distributor, or seller can be held at fault regardless of their knowledge of the product’s dangerous nature.

What Injuries Result from Dangerous Products?

Dangerous product injuries often occur due to design defects, manufacturing flaws, or a failure to warn consumers properly. Product liability cases involve a large variety of products, including dangerous medications such as Vioxx, chemicals, medical products and devices, clothing, toys made without proper testing and inspection, defective tires or brakes that can cause automobile accidents, or even food products or drinks that fail to contain proper warning labels to notify consumers of ingredients such as peanuts or dairy which can cause serious allergic reactions and even death.

There are many kinds of injuries that can result from defective products in Westchester County and across New York:

Defective cars. Poor design, defective airbags, and other problems can cause impact injuries, whiplash, and internal injuries, especially in situations where safety systems fail. The seriousness of car accidents can also mean that poorly-designed or badly manufactured cars can cause permanent injury or even death.

Defective appliances. Unsafe toasters, microwaves, stoves, fridges, and other appliances may contain defective insulation and wiring, or other issues that can lead to electrical shocks and burns. Some customers have even experienced home fires due to faulty appliances.

Defective children’s products. Unfortunately, dangerous toys, cribs, child seats and other child products are sold every day. Each year, children suffer suffocation, choking, strangulation, burns, falls, and other serious or even permanent injury because of these products. For example, toys with small detachable parts can pose a choking hazard for infants. A defective crib with faulty slats can lead to suffocation hazards.

Defective medical devices. When you need pacemakers, prosthetics, dental crowns, wheelchairs, or other medical devices, you expect the equipment to improve your health, not endanger it. Yet, patients have suffered internal injuries, infections, internal bleeding, complications, and other serious injuries due to unsafe medical products. Several years ago, for example, replacement knee joints were found to be defective. When surgically placed in patients’ bodies, they shed small pieces of metal, causing severe pain and loss of mobility.

Defective tools. Unsafe drills, saws, sanders, and other equipment can cause burns, amputations, cuts, and other serious injuries, both in home workshops and on construction sites. Power tools may have many kinds of dangerous defects, from malfunctioning safety switches to poorly designed blade guards, to motors that overheat.

Defective furniture. We expect chairs, recliners, beds, and other furniture to be a place where we relax. But design and manufacturing defects in these items lead to lacerations, crush injuries, sprains, broken bones, back injuries, falls, and other serious injuries. For example, a defective gas lift on an office chair can cause the chair to collapse without warning, causing the user to fall and potentially sustain spinal injuries. A faulty recliner with poorly designed mechanisms could pinch or crush fingers or hands.

Defective sports equipment. Each year, helmets, bicycles, and other sports equipment get recalled because they have led to head injuries, fractures, sprains, bruises, and other injuries. There are many ways sports equipment can lead to injuries, beyond just the normal injuries that are part of sports. For example, a bicycle with a broken brake mechanism could lead to a crash, causing head injuries. A defective helmet that doesn’t meet safety standards might fail to protect a rider from a concussion.

Defective personal protective equipment. In workplaces and in home workshops and during hobbies, safety goggles, gloves, masks and other gear is supposed to keep us safe. Yet, defective safety goggles can crack or fog up. They can expose the user to flying debris and eye injuries. Faulty gloves may not provide proper protection, leading to burns or cuts. Safety equipment that doesn’t function correctly can lead to exposure injuries, burns, hand injuries, eye trauma, vision loss, and other serious injuries.

Electronic devices. Many electronic devices, including cell phones, laptops, and even vape pens, contain lithium-ion batteries. When these devices and batteries are manufactured poorly, the batteries can overheat and explode. In recent years, this has led to burns, house fires, exposure to dangerous chemicals, facial and hand injuries, and other serious injuries.

Cases involving defective products can be complicated, in part because you may have more than one claim. For example, if you’re injured by faulty tools while working on a construction site in New York, you may have a workers’ compensation claim, which lets you get benefits to cover all necessary medical care and replace lost income. In addition, you may have a claim against the manufacturer of the tools, which may allow you to pursue compensation for pain and suffering as well as additional losses. Working with an experienced personal injury attorney ensures you don’t overlook any possible options for compensation, and it ensures there is someone helping you navigate the legal system. 

Contact The Law Office of Mark A. Siesel

For over 38 years, The Law Office of Mark A. Siesel has recovered substantial settlements and verdicts for our clients as the result of defective or poorly designed machines, recreational products, medical devices, toys, power tools, and chemicals and drugs. If you have been injured in Westchester County, the Bronx, the upper Hudson Valley, or any surrounding areas and would like to speak with our firm about your case, contact us online or at (914) 428-7386 for a free consultation.