What to Do When You Get Injured by a Defective Product on Long Island

By Steven Miller
Senior Partner

If you’re using a product correctly, you should never have to worry that the product will injure you. 

Every year, manufacturers, sellers, and distributors sell products that hurt people, even when they’re used correctly. For example, a recent case alleges that Apple Airpods caused significant hearing loss to a 12-year old child despite listening at a low volume. An Amber Alert came through suddenly, and without warning, at a much higher volume that tore the child’s ear drum and damaged his cochlea. The child now suffers from vertigo and nausea as well.  

Closer to home, a defective space heater may well have caused a fire in the Bronx

When you are injured by a product, you may be able to pursue compensation for your injuries. 

How Products Fail

There are three grounds that we use to hold product sellers accountable.

  • Manufacturing defects.
  • Failure to warn of potential dangers.
  • Design defects

There are three types of breaches:

  • The product fails to perform its function in a way that violates a warranty or promise made or implied by the company who sells it.
  • The product is subject to the strict liability standard because it is dangerous by nature if defective in any way.
  • Those who are involved with the making and selling of the product have committed some act of negligence. 

We will seek to prove that you got injured despite using the product as intended. We will also seek to identify the proper responsible party. This might not always be obvious, as product liability can get very complicated. 

These products can include toys, car parts, kitchen appliances, drugs, medical devices, and more. Any product can cause an injury! 

How much is my product liability lawsuit worth?

Every case is different. But the insurance injury reports that the average case is $3,908,111 per case

When your case is settled, you’ll receive compensation for medical expenses, lost wages, pain and suffering. If the company did something especially egregious you might be able to sue for punitive damages as well.

Steps to Take

First, if you can, save the remains of the product, the product packaging, and the instructions that came with the product. Avoid attempting to take the product apart and avoid trying to repair it.

Take pictures of the product, the injury, and the conditions under which you were injured.

Seek immediate medical attention and save the medical records. Then reach out to our team. We’ll contact the retailer, the manufacturer, or the distributor to help you start your claim. Then we’ll work with you to prove your claim and negotiate a favorable settlement that will help cover your losses. 

See also:

Defective Hernia Mesh Products May Cause Serious Conditions

Electrical Defect Risks Lead Toyota to Recall Certain Hybrids

Elevator Injuries Are Often Due to Negligence

About the Author
Steven Miller, Esq. is the founding member and Senior Partner in Miller, Montiel & Strano, P.C. Mr. Miller’s extensive career as a trial attorney spans five decades. He tries cases for the catastrophically injured victims of construction site accidents, motor vehicle and premises accidents caused by the negligence of others. Mr. Miller is a detail oriented, tenacious attorney committed to achieving the maximum results for his clients; he has obtained numerous seven figure verdicts and settlements.