When you or a loved one is injured because of a product defect, you should not have to suffer the consequences of your injury while the responsible party takes no accountability for the defect. Experienced Fishkill product liability attorney Ira M. Maurer can determine who is responsible for your injury and can then fight to maximize the compensation you can obtain for your injury.
Mr. Maurer assists clients who have been seriously injured due to dangerous and defective tools and equipment, medical devices, vehicles, and other types of products. With more than four decades of experience handling product liability cases, he has the knowledge and insight to help you to be successful with your product liability case and will help you to secure the compensation you need to cover medical expenses, lost wages, and your own pain and suffering.
Please call the Maurer Law Firm for a free case review at 845-896-5295. We proudly help those who live in and near Fishkill, Myers Corner, Beacon, and LaGrangeville, New York.
- Product Liability Cases
- Determining Fault in a Product Liability Claim
- Defective Vehicles
- Defective Medical Devices
- Defective Hip Replacement
- Defective Knee Replacement
- Safety Guard Removal
Product Liability Cases
As a consumer, you trust that the products companies sell and provide are safe and perform their function. Companies large and small have a duty to manufacture and design goods in line with established standards of quality and safety. Buying a defective product can mean wasting your hard-earned money but what’s even worse is suffering serious personal injury due to the defect.
During the designing and manufacturing processes, a company has an obligation to make sure that their products pass quality control tests to ensure no dangerous products reach the marketplace. In the event that a product has the potential for harm if used improperly, the company is obligated to have adequate instructions and warning labels which are easily located and understood.
If a product fails to meet these standards and you or someone you love is injured, you may have a product liability case. In more detail, product liability cases generally result from three main categories:
- Design defect: This occurs when a product is intrinsically dangerous, even when it’s used properly by the consumer. Examples of defective design include a vehicle that rolls over when turning even at slow speeds, sunglasses which fail to protect your eyes from UV rays, or an electric blanket that shocks the user when in use.
- Manufacturing defect: This type of defect originates during the manufacturing process and makes a product differ from the original design. The flaw comes from an error in making the product, either through the materials or methods used during construction. This generally affects a limited number of products, unlike a design defect which can affect an entire product line. Examples of this type of case may include a smoke detector missing a sensor, a motor scooter missing its brake pads, or a prescription that is contaminated at the processing facility.
- Insufficient instructions or warnings: If a product has the potential to cause a consumer harm in any way the designer or manufacturer has the duty to provide adequate instructions for proper use or warnings about the potential for harm. For example, if a manufacturer of ladders doesn’t warn consumers about the dangers of standing on the top step they may be liable for any injuries that happen.
Determining Fault in a Product Liability Claim
When you’re injured by a product, it can be difficult to determine who is actually liable for the injuries you sustained. There are many parties that are responsible for making, distributing, and selling products and depending on how you were injured by the product will determine who may be liable. Liability in cases of defective products may be on:
- Manufacturer (parts or assembly)
- Product designer
- Packaging company
- Wholesale or retail companies
It’s important to have an experienced product liability lawyer to help you with any personal injury claim involving a defective product. These types of cases can be complex because of the different parties who may be liable, and a thorough investigation will be needed to find the origin of the defect.
After liability has been established, another important part of a product liability claim is proving that the product is what caused your injury. While that may sound relatively straightforward, there are four basic elements that need to be shown to have a successful case. These include showing:
- You suffered injury or loss (financial)
- The product is indeed defective or failed to warn or instruct properly
- The defect or lack of instructions or warnings is what caused the injury
- You used the product in its intended manner
A product liability lawyer also must determine what type of case to pursue: negligence, strict liability, or breach of warranty. An experienced lawyer can help you determine all of these elements to ensure that the responsible party is held liable and you’re compensated fairly for your injuries or loss.
Determining the cause of your motor vehicle accident can be difficult and requires knowledge and insight into motor vehicle safety, auto recalls, and maintenance procedures. For example, an accident may appear to have been caused by a defect in brakes or steering. However, closer inspection may reveal that negligent maintenance was a contributing factor in your accident.
Because it can be difficult to pinpoint the exact cause of an accident, Mr. Maurer works with engineers, automotive professionals, and other industry experts in order to determine the cause of the accident and establish liability. He’ll explore every avenue in order to hold any and all negligent parties accountable for an auto defect or other forms of negligence.
Mr. Maurer handles a wide range of auto defect cases involving defective:
- Steering wheels
- Roll cages
- Seats and seat belts
- Doors and windows
- Airbags and other safety features
Defective Medical Devices
Medical devices are often necessary to treat a condition or illness and a defective medical device can be a serious health risk and lead to devastating injuries. When that device is poorly designed, negligently implanted, or is otherwise defective, it can cause your previous condition to reappear and/or lead to further medical complications.
Defective medical device cases, a subset of product liability, can be difficult to prove. All medical devices are subject to approval by the Food and Drug Administration (FDA). The FDA is responsible for determining whether a device is safe for its intended use. If the FDA discovers that a device is not safe, it will issue a recall of the medical device.
If your device has been recalled and you have suffered an injury, Mr. Maurer can help you hold the manufacturer accountable in a personal injury action. The Maurer Law Firm, PLLC, can provide representation to clients in cases involving all types of devices such as:
- Knee and hip implants
- Mesh products, including transvaginal mesh, hernia mesh, and bladder slings
- Pacemakers and heart valves
- Breast implants
- IUDs and other forms of birth control
- Artificial disks for the back or neck
Defective Hip Replacement
Hip replacement surgery is quite common in the U.S. While most hip replacements are successful and restore function, sometimes patients experience a failure of the implanted prosthesis. Increasingly, these defective hip implants have become the basis of a number of product liability lawsuits.
Total joint replacement (TJR) uses advanced technology to create artificial joints. These joints are designed to function just as joints do naturally in the human body. Individuals who undergo TJR are often relieved of pain that has been caused by various musculoskeletal conditions. The most common reasons individuals seek out joint replacement procedures are aging and injury. TJR is a common procedure which millions of individuals have undergone.
If you have received a defective hip replacement, you should talk to your doctor. You may need to undergo surgery to replace the parts or correct the condition. Also, it is advisable to speak to an attorney about your case. You may be entitled to compensation.
Individuals suffering due to the recalled hip replacement may have a range of possible symptoms, including:
- Pain and swelling of hip and surrounding areas
- Decreased mobility and difficulty walking
- Feeling of hip dislocation/discomfort
- Metallic poisoning (cobalt, chromium and other metals)
Individuals may experience other side-effects and medical complications that require extensive medical attention and hospitalization. It’s important to know that a statute of limitations may apply in a medical product recall case, so if you believe you have received a faulty hip replacement, it’s important to act sooner than later.
Defective Knee Replacement
A successful knee replacement can usually provide relief that lasts for a period of 10 to 20 years. Individuals who have received a successful knee replacement usually experience improved mobility, decreased pain, restored knee function and a returned enjoyment of life. But not all knee replacements are successful.
Orthopedists try to delay performing a total knee replacement arthroplasty as long as possible because the prosthetic devices have a lifespan of approximately 15-20 years. If the knee replacement is performed on someone in their 50s, it's likely they will have to undergo another knee replacement in their 70s.
There are many variations of knee replacement procedures. Total knee replacement involves the removal of the ends of the femur and tibia and replacing them with prosthetic devices. Using MRI technology to obtain exact measurements, the prosthetic devices can be custom made. Immediately after surgery, the patient is placed in a CPM machine that puts the knee joint in motion. This helps to overcome the patient's fear of moving the joint and can also reduce swelling and the possibility of blood clots while increasing the range of movement in the knee joint.
The knee prosthesis may not be strong enough to withstand normal use and a fracture in the knee replacement may occur. This can cause many side-effects, including:
- Loss of use of limb
- Dangerous infection
- Damage to soft tissue
- In serious cases, even death
Individuals who have received a faulty knee replacement may require extensive medical attention and hospitalization. It is important to work with an attorney who has specific experience handling knee recall cases, to ensure that your current and long-term financial needs are accounted for.
Safety Guard Removal
Manufacturers have a duty to provide purchasers with safe products. This includes providing safety guards, warnings, and protections whenever needed to prevent injury during the intended use of their products.
When these safety guards have been removed or a product has been altered, the manufacturer can use those modifications as a defense to an injury claim. This can make it difficult for an injured individual to secure compensation from the manufacturer due to negligent design or manufacturing.
If you removed a safety guard or altered a product, you still may be able to hold the manufacturer accountable for your injuries. If your removal of the safety guard or use of the product was foreseeable, and the manufacturer took no steps to warn you that it could cause injury, you may be able to overcome the manufacturer's defense to your claim.
Contact Our Experienced Product Liability Lawyer Today
Mr. Maurer has more than 40 years of experience handling these types of claims and other personal injury claims. He has the skills and resources to effectively handle your claim and will consult with engineers, product design specialists, and other professionals with appropriate technical expertise. These experts can identify the mode of product failure and what the product's designer or manufacturer should have done to minimize the possibility of an accident. If necessary, these experts can provide compelling testimony in court. Our law firm will seek full compensation for all of your losses.
If you live in Fishkill, Myers Corner, Beacon, LaGrangeville and nearby areas of New York and are searching for an experienced and compassionate product liability attorney, please call the Maurer Law Firm at 845-896-5295 to schedule a free consultation.