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Key points about product liability laws

When you buy products, you expect them to work properly and to be safe. This is true even when using “dangerous” items like miter saws or firearms. When used properly, you expect them not to do you any harm. If you are injured, there are a few things you should know about liability laws, which may allow you to seek compensation in New York.

1. The federal government has not created any product liability laws, so your case will center around state laws.

2. In many cases, the manufacturer will be your main target in the case, as you may allege that the product was poorly constructed or designed in an unsafe manner.

3. However, other parties can also be responsible in some cases. For example, the seller could be held responsible for selling items that are known to be defective, or a person who assembled the product could be liable for doing a poor job.

4. Marketing defects can also create a lawsuit. This is why the packaging and labeling is so important. If a product does not come with sufficient warnings about dangers and instructions for use, that could be the basis of the suit, even if the product itself worked as intended.

5. Some products must be unsafe. For example, knives and chainsaws are always going to be somewhat dangerous because, if they were designed in a way that eliminated the danger entirely, they wouldn’t work.

Do you have any questions about product liability laws, or would you like to learn more about how to start a case after an injury? If so, we encourage you to contact us as soon as possible.

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“When I got hurt in a traffic accident while riding my bike in New York City, my friend suggested I speak to O’Dwyer & Bernstien. Upon my initial phone conversation with a lawyer from the firm I was impressed by his courtesy, quick return phone calls and concise explanation of the legal tactics available to me. After meeting face to face with him, I decided immediately to retain O’Dwyer & Bernstien to represent me in my personal injury case. I was very happy with my attorney and with the outcome of my case. I highly recommend O’Dwyer & Bernstien to anyone seeking legal representation.”

“When I got hurt in a traffic accident while riding my bike in New York City, my friend suggested I speak to O’Dwyer & Bernstien. Upon my initial phone conversation with a lawyer from the firm I was impressed by his courtesy, quick return phone calls and concise explanation of the legal tactics available to me. After meeting face to face with him, I decided immediately to retain O’Dwyer & Bernstien to represent me in my personal injury case. I was very happy with my attorney and with the outcome of my case. I highly recommend O’Dwyer & Bernstien to anyone seeking legal representation.”

“I retained O’Dwyer & Bernstien on the recommendation of a friend. I was immediately impressed by the firm’s experience and reputation in personal injury law. From the start, my ODB attorney walked me through the process, answered all my questions, explained everything clearly, kept me updated regularly and always promptly returned my telephone calls and emails. My attorney was knowledgeable, professional, courteous and diligent. My case moved through the court system quickly. As trial neared, the insurance company saw that my attorney was experienced and thoroughly prepared to try my case to verdict. As a result, the insurance company caved and settled my case for the full limits of the insurance policy. I love my ODB attorney!”

“When I was hurt on the job I had nowhere to turn for help. I had been working as an electrician’s helper, but my boss was not insured and he had no license to do electrical work. I had just had a new baby girl and Con Ed was going to shut off my lights. A friend told me to call O’Dwyer & Bernstien. They took action right away and got great money for my case. ODB helped me get my life back on track. I will always be grateful.”