� products liability - dangerous and defective products
thousands of consumers are seriously injured or killed every
year by dangerous and defective products. if the manufacturers
or distributors of these products took additional steps to ensure
consumer safety, many of these injuries could haven been avoided.
these products may include: dangerous toys, industrial machinery
and equipment, improperly designed consumer products, automobiles
and pharmaceutical drugs.
when someone has been injured while using a product, even if human error is partially to blame, they
may still be entitled to monetary compensation for their injuries. for example, manufactures must take
into consideration common human error and the appliance or machine may not have been designed to
function safely in the event of human error. or, the product was not labeled with sufficient
instructions or warnings about necessary precautions because the manufacturer failed to do so.
the law protects consumers and workers from these types of
products by permitting them to sue manufacturers or other entities
responsible for the defective machinery or appliance and recover
monetary damages for their injuries. click
here to make an appointment and to get legal advice from defective
products liability lawyer, jonathan b. nelson.
� worker's compensation and products liability
an employee who has been injured by defective machinery at work is entitled to file a workers
compensation claim with his or her employer. the worker is entitled to receive scheduled medical and
wage benefits. however, these awards do not provide for an injured worker's pain and suffering and the
devastating and long-lasting effects of the accident. although in new york, a worker cannot sue his or
her employer directly, they can bring lawsuits against anyone involved in the chain that gets the
machinery to the factory. these other entities can include the manufacturer, the wholesaler,
distributor, retailer and even the companies that produce the individual component parts for the
machine.
the end result is that a worker can try to receive full and fair compensation for injuries and losses
caused by defective machinery and, at the same time, an injured worker continues to receive the limited
benefit available through workers compensation.
� if you have been injured as a result of a product,
appliance or machine
1. consult an experienced attorney
there are legal remedies available to those who have been injured
at work or at home because of defective products. if you or
someone you know has been injured, you should consult with an
attorney with experience in the field of products liability.
click here
to make an appointment and to get legal advice from products
liability lawyer, jonathan b. nelson in new york city.
2. obtain the manufacturer and the names of any witnesses to the accident
the most important information necessary to commence a claim under products liability is the name of the
manufacturer of the product that injured you. if possible, have pictures taken of the machine or
appliance. write down the name of the manufacturer, the model number, the serial number, the names of
any service companies or distributors and the content of any instructions or warnings. if practicable,
save the machine and appliance and any documentation that came with it. obtain the names, addresses
and phone numbers of witnesses.
3. avoid statements about the accident
do not speak or give any written statements to any investigator. of course, you should always cooperate
fully with the police. however, you should avoid giving specific statements to anybody about the
circumstances of the accident. when speaking to doctors and other medical personnel, discuss the
accident in general terms. refer all other more specific questions to your lawyers, who are trained
and experienced in protecting your rights.
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