Product Liability Attorney in Buffalo, NY
Although most people realize that they can hold individuals accountable for their negligent and reckless conduct, many are not aware that the same is true for businesses and corporations that manufacture consumer products. This is an important legal option, as consumer products can and do cause a significant number of injuries every year.
Product liability cases are notoriously complex, as they often involve the claims of multiple corporations. If you were injured by a consumer product and you have questions about filing your own claim, it is important to contact a skilled Buffalo product liability attorney. At Richmond Vona, LLC, we have the resources and experience to effectively represent you and your loved ones.
“He is a miracle worker. He found someone who knew my Dad who had passed away over 50 years ago. No easy feat. He works very, very hard for his clients. Knowledgeable and kind. I highly recommend him”
Product Liability Legal Theories
Product liability claims can be filed under one of the following three legal theories:
Strict liability and
Breach of warranty
These theories overlap in many ways, so it is not uncommon for a plaintiff’s complaint to include all three legal theories, especially when multiple entities are at fault for an injury. Although all of these legal theories have different elements of proof, they also involve a similar claim, namely that a product was defective, or not reasonably safe due to a design defect, flawed manufacturing process, or inadequate warning.
Both Keith and John were named to the Top 100 Civil Plaintiff Trial Lawyers in New York by The National Trial Lawyers.
John was named to the Top 40 Under 40 Civil Plaintiff Trial Lawyers in New York by The National Trial Lawyers three consecutive years in a row.
John and Keith were both selected as Upstate New York Rising Stars by Super Lawyers, a Thomson Reuters publication.
Keith has been involved in trial verdicts totaling in excess of $17 million and settlements valued at more than $100 million on behalf of his clients.
United States Marine Corps & Police Officer
Keith has served in the United States Marine Corps and worked as a police officer for the City of Buffalo, where respect and honor are two of the foremost values.
What Types of Defects Does Product Liability Cover?
- Design defect
- Manufacturing defect or
- Failure to warn
Determining which of these defects caused an injury requires a thorough investigation into the product in question, the facts of the accident, as well as the types of injuries the plaintiff suffered.
How to Prove…
To successfully file a product liability claim in New York, a plaintiff will need to prove that the manufacturer, seller and/or distributor of the product failed to use reasonable care in one or more of the following ways: the design of the product, the manufacturing of the product, and/or providing adequate warnings concerning dangers with the intended (and even some unintended) uses of the product. To prove there was a failure to warn or an inadequate warning, you must show that the company knew or should have known about the dangers or hazards that caused the injury. In New York, a company is held as an expert in its respective industry, and has a duty to stay current with the medical and scientific literature within its field; which is how you show a company “should have known” about hazards or dangers associated with the product it sold. Finally, you must prove that defect in the product was a substantial cause of your injuries.
- The defect in question was a substantial factor in causing the injury and
- They were using the product for its intended purpose or for a reasonably foreseeable reason
The third legal theory upon which New York plaintiffs can base a product liability case is a breach of warranty. These actions can be based on two types of warranties:
- Express warranties, such as those included on a product label or in an advertisement or
- Implied warranties of merchantability, or the implied understanding that a product is fit to be used for a specific purpose
For help determining whether you have a product liability case under New York law, please contact our Buffalo product liability attorneys today.
Buffalo Product Liability FAQs
We’ve included a few of the most frequent queries that we encounter to help clear up any questions that you have about your own product liability claim.
How long do I have to file a product liability claim?
New York residents who are injured by defective products can only recover compensation for their losses if they file a claim within three years from the date of the accident. Injured consumers who fail to file a claim before this deadline risk having their case dismissed by the New York court system.
What types of compensation can a successful claimant recover for injuries caused by a defective product?
Plaintiffs who can provide a link between their injuries and a product’s design defect, manufacturing defect, or a manufacturer’s failure to provide adequate warnings, could be eligible to recover damages compensating them for past and future medical expenses, lost wages, emotional distress, and pain and suffering.
Who can be held liable for injuries caused by a product defect?
A number of entities can be held liable for injuries caused by a defective product, including manufacturers, sellers, distributors, and retailers. These are not the only businesses that can be held liable for their negligence, so if you were hurt by a defective product, please contact our legal team today.