Defective consumer and industrial products injure people every day. Catastrophic injuries, sickness, and fatalities occur when a manufacturer fails a critical step in its design, production, packaging, or labeling process, and its product harms a user. Victims of defective products often must live with long-term medical bills, lost income, and disabilities. They need a strong, aggressive advocate to fight for their rights.
Attorney Ivan M. Diamond Believes Wrongdoers Should Pay
Since 1995, Attorney Ivan M. Diamond has worked for personal injury clients only. He understands that when manufacturers refuse to acknowledge a product defect, injured people and their survivors need help establishing the manufacturer’s legal liability.
Attorney Diamond pursues justice for his clients by relying on evidence, experience, courtroom knowledge, and street smarts. He has a strong working knowledge of New York complex product liability law. He also understands serious and catastrophic injuries and the personal and financial impact on injured people and their families.
Diamond Injury Law has resolved cases on behalf of injured New Yorkers in all five Boroughs. He provides unsurpassed, individualized client service, and works tirelessly to hold manufacturers of defective products to account for the injuries their product cause.
Ivan Diamond’s Case Results
Attorney Ivan M. Diamond has recovered millions of dollars on behalf of injured New Yorkers. When possible, he negotiates aggressively with defendants, insurance companies, and attorneys to achieve a favorable settlement. He understands, however, that a manufacturer will rarely settle a product liability case voluntarily, and so he prepares every case for a potential trial from day one.
Each client’s case is unique, involving distinct injuries and circumstances. Accordingly, Attorney Diamond can’t promise a specific outcome in any particular case. But, his case results serve as a testament to his hard work and focus on serving his clients’ best interests. Of special interest is a product design defect case in which a carpenter sustained a partial traumatic thumb amputation while using a table saw. The manufacturer failed to include adequate guarding and safety features in its design. Ivan Diamond recovered $300,000 for his client.
How Do Product Liability Injuries Occur?
People in all walks of life use products every day. The National Highway Traffic Safety Administration, Consumer Product Safety Commission (CSPC), the FDA, and other government agencies track and document defective consumer products. Their records show that injuries happen under many different circumstances.
Negligently-processed foods cause illnesses and deaths. Manufactured products and product components initiate injury-producing events. Defective brakes trigger vehicle accidents and faulty appliances ignite fires. Defective products also worsen existing perils. Highly flammable curtains intensify fires and failing vehicle restraint systems don’t protect passengers in a crash.
Although each of these examples represents an independent category of product liability law, defective product-related injuries generally occur for these basic reasons.
- A product malfunctions or functions in unanticipated ways.
- The product is unsafe when used for its intended purpose.
- Inadequate packaging or instructions fail to explain safe use of the product.
- The product doesn’t have adequate warnings or safety guidance.
Never Surrender the Product
As soon as a manufacturer receives notice that its product may have failed and injured you, the manufacturer or its insurance company may try to get it (or what remains of it) back. Do not give it to them. The defective product itself is the most critical evidence in a product liability case. You should never hand it over it to anyone except your product liability attorney. Handing over critical evidence not only relinquishes control, it also risks the destruction of the product and the end of any hope you have of recovering compensation for your injuries.
What Injuries Do Product Defects Cause?
Defective product-related injuries vary depending on the product and the circumstances. News media outlets sensationalize injuries from tobacco, prescription drugs, and vehicle defects, but you hear little about other widely-used products that pose daily hazards and cause a range of injuries.
- Consumer product injuries: The CPSC tracks toys, electronics, recreational gear, nursery furnishings, appliances, and many other consumer products reported as defective. These and other products cause burns, electrical injuries, lacerations, asphyxiations, fractures, brain trauma, and other serious, catastrophic and fatal injuries.
- Vehicle injuries: Defective auto, truck, ATV and other vehicles cause disabling accidents. Vehicle accidents are a significant factor in traumatic brain injuries and spinal cord injuries. Even when a known defect causes an accident, investigating authorities rarely place the details on official accident reports.
- Drug and medical device injuries: Prescription drugs, medical appliances, and implanted devices produce unexpected side effects, injuries, and fatalities. Injuries continue during the years it takes for a formal recall.
- Construction injuries: The Occupation Safety and Health Administration designates falls, struck-by-objects, electrocutions, and caught-in/between incidents as Construction’s Fatal Four. Nationally, these four events are primary causes of job site injuries and deaths. Defective scaffoldings, inadequate metal equipment warnings, defective electrical grounding, malfunctioning heavy machinery, and equipment defects often cause these incidents.
- Manufacturing equipment injuries: OSHA’s workplace investigations include numerous incidents involving severe lacerations, crushing injuries, and amputations. Improperly designed and maintained punch presses, meat cutters, saws, and other manufacturing and meat processing equipment cause these injuries.
Who Is Responsible When a Product Liability Injury Occurs?
When a defective product or one of its component parts causes an injury, any entity with a role in bringing the product to the consumer is potentially responsible. Parties include participants in product design, production, distribution, sales, assembly, and installation. Under New York Law, an injured person has damage recovery rights based on three legal theories:
- Strict liability: A product manufacturer is responsible if his company markets a product that’s not reasonably safe for its intended use.
- Negligence: The manufacturer owes a duty not to cause reasonably foreseeable injuries to others. When a manufacturer breaches that duty, it may have liability for damages.
- Breach of warranty: Breach of implied warranty under UCC 2-314. This standard requires that a product must be fit for use.
What Damages Can Victims of Defective Products Recover?
Personal injury damage compensation usually includes two categories: economic damages and general damages. Economic damages include expenses already incurred and future expenses based on economic projections.
- Current and future income losses
- Diminished earning capacity
- Physician and hospital visits
- Prosthetics and mobility devices
- Physical and mental therapy
- Medical transportation
- Personal and household support
- Final expenses
General damages place a dollar value on injury-related emotional and psychological issues. General damages consider these and other factors.
- Pain and suffering
- Emotional distress
- Diminished spousal and family relationships
- Loss of bodily functions
- Permanent disabilities
- Scars and disfigurement
A jury may also be permitted to award punitive damages when a plaintiff proves that a defendant was wanton and reckless, or malicious.
What Defenses Do the Responsible Parties Allege?
Product designers, manufacturers, distributors, retailers, and other entities defend cases for financial and reputational reasons. A strong defense posture often deters future cases. Manufacturers, insurers and their defense attorneys rely on a variation of affirmative defenses, including a lack of defect, misuse of the product involved, or a lack of causation between the product’s failure and the plaintiff’s injuries.
Contact the Law Offices of Ivan M. Diamond
If a defective product failed and injured you or a family member in the New York City Area, the parties responsible should pay for your damages. Call the Law Offices of Ivan M. Diamond at (718) 588-2000 or complete the online contact form to schedule a free consultation to discuss whether we can help.
The Law Offices of
888 Grand Concourse #1L
Ivan M. Diamond
Bronx, NY 10451
Phone: (718) 588-2000
Ivan M. Diamond is available for home and hospital visits, as well as weekend and evening appointments.
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