Product Liability

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Thomas P. Valet
Attorney at Law
In Manhattan: (212) 921-5200
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Over 30 Years Experience and Over $500 Million Dollars in Settlements and Awards.
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Product Liability Lawyers NYC - Thomas Valet - Free Consultation

Product Liability Lawyers NYC - Thomas Valet

Top Rated NYC Product Liability Lawyer in Manhattan and Suffolk County, Long Island New York

Contact Tom Valet
Contact Tom Valet for a Free Consultation
What is Product Liability?

Product liability means a seller or manufacturer is held responsible for putting a faulty product in the hands of a consumer. The responsibility for a defective or faulty product that causes harm to a consumer falls on the sellers of the product who are part of the supply chain. By law, a product has to meet the consumer's standard of hope. When a product is defective or hazardous, it cannot be said that the product meets the consumer's standard of hope.

If an individual is harmed by a faulty or hazardous product, she or he may have a legal claim against the people who sold, designed, or manufactured the product. Damages include reimbursement of medical bills, loss of wages, loss of future earnings, pain and suffering, and emotional distress.
Tom Valet NYC Product Liability Lawyer in Manhattan New York wins $268 Million Settlement for Defective Defibrillators
$268 Million Settlement for Defective Defibrillators
Tom represented 367 Plaintiffs who were injured by defective Medtronic implantable cardioverter defibrillators (ICDs) that had been recalled. The leads of the ICDs were defective. 

Despite significant adverse decision by the court-appointed mediator to oversee the litigation, a global settlement was reached in which Medtronic agreed to pay $268 million to settle all claims, including the claims of Tom’s clients.
Product claims, which are generally based on state laws, are usually brought under the principles of negligence, strict liability, or breach of warranty.
  • Negligence refers to the failure to exercise proper care. It means that an individual who had a legal responsibility either failed to do what should have been done or committed an action that should not have been done.
  • Strict liability is a legal rule that says a distributor, seller, or manufacturer of a faulty product is responsible to an individual injured by that product, even in the absence of fault.
  • Breach of warranty refers to the failure of a seller to meet the terms of a claim, promise, or representation made regarding the type or quality of the product. The law presumes that a seller provides a certain guarantee regarding products that are sold; therefore, the seller must fulfill this expectation.
Tom Valet Wins $100 Million Settlement in Over-the-Counter Drug Product Liability Case
$100 Million Settlement in Over-the-Counter Drug Product Liability Case

Tom obtained this global settlement for plaintiffs who were injured by an over-the-counter drug. Tom was appointed to the team representing all plaintiffs because he had filed and settled the first case for a plaintiff who had been injured and was the first to review the files of the defendant company, during which he discovered significant evidence that the manufacturer had known about the problem for years but covered it up. Working with doctors at Columbia Presbyterian Hospital who had treated several of the victims of this drug, including Tom’s original client, this settlement of $100 million was reached, which included the settlement of 28 clients that Tom represented. 
Product Subject to Product Liability

Products subject to liability include medical devices, all consumer goods, personal/commercial vehicles, consumable goods, such as prescription drugs and food, and aircraft.

When plaintiffs claim product liability in tort, the manufacturer may contend that there was a fault on the plaintiff's behalf which overrules the original claim. If a defendant succeeds at raising a contributory negligence, intervening misconduct, or misuse on the plaintiff's behalf, he or she is not responsible for the original tort.

Contributory negligence is carelessness on the plaintiff's behalf which contributes he or she is the cause of the damages alleged in the tort. Misuse is the use of the said product for anything other than its intended use, and Intervening Misconduct is any involvement by a third party which may be responsible for the injuries in the claim.

In product liability tort, there are many counter-claims available for a defendant of a product liability claim, each tasked with finding fault for the damage with the plaintiff's misuse or negligence, which can serve as an appropriate standard of defense. NYC Product Liability Attorney Thomas Valet is highly experienced in the well-rehearsed area of product liability tort and can present a respective burden of proof in your defense.

Liability vs. Negligence

The terms liability and negligence are most commonly used in cases involving personal injuryLiability refers to an individual's legal responsibility for the effects of their actions.

On the other hand, negligence leads to liability. For example, if an individual causes an automobile accident that results in the serious injury of another individual while under the influence of drugs, it is clearly a case of negligence as the careless behavior of the driver caused the situation that led to the accident. In other words, liability is mainly an act of commission, while negligence is an act of omission.

Compensation a victim is awarded often depends upon the ability of his or her attorney to prove without a doubt that the damage was a result of either liability on the driver's behalf that increased the likelihood of the injury, or negligence. Since the two principles are closely related concepts, if the attorney can convince the court of the responsibility of a person, company, or event in connection with his or her client, the plaintiff stands to receive a reasonable compensation amount for his or her injuries.

NYC Product Liability Lawyer, Tom Valet has been involved with cases concerning both negligence and liability for some time and can assist you with determining the best course of action for your particular case.

Some Common Examples of Product Liability Cases

Tom Valet is one of the highest rated Product Liability Lawyers in NYC and specializes in various product liability cases. Some common examples of product liability cases include:

Defectively Manufactured Products A defectively manufactured product is faulty because of some error in producing it, such as the factory where it was invented. As an effect, the injury-causing good is somehow different from all the others that were put out for sale. For instance, let's say you are injured due to a pharmaceutical product, such as a particular bottle of aspirin you bought that happens to contain a trace amount of metal fragments that fell into it by accident at the factory where it was manufactured, this would be a product liability claim based on a manufacturing defect. In a defective product claim, the plaintiff must prove that the added ingredient, not your misuse of the product caused his or her injury.

Defectively Designed Products Defective design claims do not involve an error in the manufacturing process, but rather the claim that an entire line of products, in essence, is hazardous whether or not the injury-causing product was made perfectly according to the manufacturer's requirements. For instance, a particular type of sunscreen that fails to protect the skin from ultraviolet rays would be considered defectively designed products. To win a case based on product liability due to defectively designed products, the plaintiff must prove the injury was a result of the defective design and not due to a fault of his her own.

Failure to Warn A failure to warn claim involves a manufacturer's failure to provide sufficient warnings or instructions about the product's proper use. This type of claim often involves a product that is hazardous in some way that is not clear to the user or that requires the user to use special precaution when using it. For instance, let's say an electric tea kettle is assembled with an unusually placed steam valve that could potentially cause injury to the user if not used cautiously; however, the package fails to warn the consumer of this precaution. This would be a clear case of failure to warn. To win a product liability case based on failure to warn, the plaintiff must prove the injury was due to a failure on the manufacturer's behalf to properly instruct or warn, which resulted in him or her being burned by steam unexpectedly due to the unusually placed valve. 
Contact Tom Valet NYC Malpractice Lawyer
Contact Tom Valet for a Free Consultation

Contact NYC Product Liability Attorney Tom Valet

Product liability damages can be one of the most difficult claims to pursue. Large manufacturers often employ huge law firms or staff large legal departments who excel in negotiating settlements as little as possible for the company. Sadly, this expense is often just a part of doing business.

Hiring Thomas Valet gives you an advantage in these types of cases. Tom is one of New Yorks most respected and ethical lawyers, as voted on by his peers. He has the knowledge, experience, and fortitude to represent you and your needs, even if means going to trial, something the big companies generally do not want to do.

Please contact Tom for a free consultation, and he will evaluate your case and advise you accordingly, meaning with your best interest in mind. 

Thomas Valet has Legal Offices in NYC Manhattan New York 10038 and on Long Island in Islandia in Suffolk County NY 11749,
Located Near Nassau County NY. Pay No Legal Fees Until Tom Wins or Settles Your Product Liability Case.
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