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Products Liability | Lawyers/Attorneys

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Products Liability2020-08-25T17:11:53+00:00

Product Liability | Lawyers & Attorneys

Everyday individuals use consumer products. Unfortunately, sometimes these products are unsafe and cause injuries. If an individual suffers injuries and damages because of their use of a product, it may be possible to seek compensation. This kind of lawsuit is called a products liability claim. Product liability claims seek to hold a manufacturer or seller liable for placing a defective product into the hands of a consumer. All sellers of the product who are in the distribution chain bear responsibility for a product defect that causes injury. The chain of distribution is typically made up of the manufacturer, the retailer, and any number of suppliers, wholesalers, and distributors.

Frequently Asked Questions About Product Liability

Our personal injury lawyers provide answers to some important questions below.

If I was injured by a product what are my legal rights?2020-07-16T17:51:08+00:00

If you were injured by a dangerous or defective product, you might be entitled to compensation for your medical expenses, lost wages, and any pain and suffering you experience.

If I was injured by a product what steps should I take to file a lawsuit?2020-07-16T17:50:44+00:00

When ready, you should contact a lawyer that handles product liability claims. The personal injury lawyer will want to investigate the matter immediately, before any evidence is lost. If possible, preserve the product involved and any accompanying paperwork or receipts as these items could be key evidence. Documenting the product’s condition, the situation, and your injuries with photographs is also helpful. You should also follow up regularly with your medical providers and continue to share any difficulties or pain you are having so all your injuries and the permanent effects of those injuries are well documented.

How soon do I need to file a claim if I was injured by a product?2020-07-16T17:50:22+00:00

The statute of limitations in New York for claims relating to defective products is three (3) years from the date of injury. It is best to contact a products liability attorney as soon as possible, when evidence is still available, and when the incident is fresh in your mind and the minds of any witnesses.

What claims can I bring if I am injured by a defective product?2020-07-16T17:50:01+00:00

A product can be defective in three different ways.

  • Defective Design- A defective design occurs when the manufacturer designs a product that is unreasonably dangerous to the consumer.
  • Defective Manufacturing- A manufacturing defect occurs when an error in the manufacturing process creates an unreasonably dangerous condition in the product. All products should go through an inspection process so that manufacturing defects can be detected before a product is distributed to the consumer market.
  • Failure to Warn- A failure to warn occurs when the manufacturer fails to warn a consumer about a product’s dangers or fails to instruct the consumer how to properly use the product.
What has to be proven in order to have a successful product liability case?2020-07-16T17:49:34+00:00

Generally, there are four basic elements. The evidence that will be needed to prove each element will depend on the circumstances of the case. First, a plaintiff, or injured person, must prove that he or she has been injured and suffered damages. The plaintiff must also prove that the product involved was defective either in its design or manufacturing or lacked a proper warning or instructions. The plaintiff must also prove that the defect was the specific cause of the injuries and damages. Lastly, the plaintiff must prove that he or she was using the product in the way it was intended to be used.

Can safety changes to a later product model be used as evidence to prove a product liability case?2020-07-16T17:49:05+00:00

While evidence of subsequent remedial measures cannot be used as evidence to show a manufacturer’s negligence, safety modifications made by the manufacturer can be used to show other things such as ownership or control of the product’s design.

What damages can I recover if I am injured by a defective product?2020-07-16T17:48:37+00:00

Damages are commonly divided into two different categories, economic and non-economic damages. Economic damages can be thought of as past or future out-of-pocket expenses, such as the cost of medical care, lost wages, lost earning capacity, or even funeral expenses if the product defect results in the death of an individual. Non-economic damages include past and future pain and suffering and the loss of service and society to your significant other.

Timeline of a Personal Injury Case

  • If injured, when ready, contact a personal injury lawyer to determine if a claim can be pursued on your behalf

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Meet with a lawyer to discuss the incident
  • Bring medical records or other relevant documents including an accident report if available
  • Your lawyer will help you understand the process of a personal injury case

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Follow the doctors’ advice
  • Go to all medical appointments
  • Report all symptoms to doctors
  • Take photos of injuries
  • Tell lawyer anytime a new doctor is seen

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Determine how and why the injury occurred
  • Speak with witnesses
  • Obtain any investigative reports
  • Obtain scene, vehicle and product photos, as applicable
  • Obtain medical records and bills
  • Consider all possible claims and theories of liability against any potential defendant
  • Consult with experts

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Communicate and negotiate with the insurance company
  • Obtain a settlement or pursue a lawsuit

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • File a summons and complaint prior to the statute of limitations
  • Serve the legal documents on the defendants

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Prepare and exchange evidence with the other lawyers in the case
  • Conduct depositions of all relevant parties (also called EBTs)
  • Defense medical examination conducted
  • File motions (written applications) to the court if necessary

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Participate in arbitration or mediation if appropriate
  • Determine liens if any
  • Settle the case or proceed to trial

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • You have the right to a trial by jury or by the judge who will act as both judge and jury
  • At a trial, the injured person must prove it was more likely than not that the defendant was negligent and caused injuries
  • The judge or jury will listen to all the evidence presented and the arguments by the lawyers, apply the facts to the law, and render a decision

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

Recent Verdicts & Settlements

Federal Employers Liability Act/FELA
Plaintiff suffered a significant back injury while working for CSX.

$1,100,000.00

Worksite Injury
Plaintiff was injured when a fork from a forklift truck fell on top of his left leg, severely fracturing the tibia and fibula, requiring numerous surgeries and resulting in a permanent, partial loss of use of his leg.

$1,016,000.00

Worksite Injury
Plaintiff, a roofing contractor, suffered a fractured skull, cervical spine fracture and fractured ribs after falling from a roof. The injuries left him with chronic pain and fatigue, limited tolerance for walking, lifting, or carrying and limitations in his hearing and vision.

$900,000.00

Worksite Injury
Plaintiff was an ironworker who was injured when he fell from a ladder, suffering fractures to both elbows resulting in permanent loss of strength and loss of range of motion in both arms. His impairment limited the number and types of employment opportunities and limited his future earning potential.

$750,000.00

Automobile Accident
Plaintiff was a passenger in a vehicle which went off the road and rolled over, causing him to suffer significant permanent injuries, including skull fracture; fractured mandible requiring surgical placement of plates and screws; facial fractures and lacerations; sternal fracture; spinal fractures; lacerations to spleen, liver and lung; multiple rib and toe fractures; tinnitus and hearing loss; post-traumatic stress disorder; facial scarring and numbness.

$1,300,000.00

Wrongful Death
Plaintiff, a 49-year-old man, was discharged from the hospital with critically low levels of potassium, which precipitated a fatal arrhythmia at home and subsequently caused his death. His family brought a claim against the hospital for medical negligence and wrongful death.

$650,000.00

Nursing Home Negligence
An 87-year-old man was discharged from a local hospital on the afternoon of his death and returned to his assisted living facility. His health began to deteriorate throughout that evening; a nurse was told to check on him but never did. Facility staff found him unconscious on the floor in his room later that evening; paramedics were unable to revive him. It was claimed that the facility failed to obtain appropriate medical advice, assistance and treatment.

$250,000.00

Medical Negligence
Plaintiff suffered injuries as a result of negligent monitoring of prescription medication.

$500,000.00

Farm/Tractor Accident
The infant plaintiff fell from a tractor being operated by a farm employee and was run over by the tractor. The 10-year-old boy suffered a femur fracture requiring surgery, multiple facial fractures requiring surgery, foot and toe fractures and loss of consciousness.

$400,000.00

Bicycle Accident
Plaintiff suffered two dislocated shoulders and a dislocated elbow after he was struck by a vehicle, which negligently swerved onto the shoulder and into the bike lane.

$250,000.00

Negligent Assault
Plaintiff was assaulted outside of a bar in Saratoga and as a result suffered a traumatic brain injury, a fractured skull, brain swelling and brain bleeding, facial contusions and bleeding, as well as lacerations and bruises on his body.  He also suffered from short and long term memory deficits and other cognitive deficits.

$400,000.00

* Prior results do not guarantee future outcomes.

LaMarche Safranko Law Testimonials

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Vicki Testimonial Transcript
Well, I met George in 2014. My son was arrested for a criminal offense, and George—he has this ability, it’s just who he is. He’s genuinely empathetic and he’s very compassionate and he has the ability to just make you feel safe. You know? I just always felt I was in great hands and my son was in good hands and that we would have a good outcome of our situation and we always have. And he’s brilliant. He’s a brilliant lawyer. He’s very skilled and very creative. He has excellent rapport with all the judges and DAs and officials, and he’s always found a rehabilitative outcome for my son which I genuinely appreciate.

Laurie Testimonial Transcript
George was referred to me by my estate attorney. They go way back and it was a great referral, I don’t think I could have done any better, it was a very good match for me. Something that was really really instrumental in the whole thing was George keeping us up-to-date on what was going on and very much included. I was invited to be at all the depositions if I wanted to be and he gave me all the written depositions to read through, so I was always up-to-date on what was going on and I felt like a part of the process. I would definitely recommend George to other people. In fact, about 2 weeks ago I did. A friend of mine was in a pedestrian car accident, she was the pedestrian and is in pretty rough shape, and he was the first person I thought of so I actually asked him if it would be in his purview and he said yes. And I know that she’s very happy with him so far.

Jules Testimonial Transcript
What brought me to the firm was a personal incident where Andrew was recommended to me very highly by a family friend who’s also an attorney, and Andrew represented me to great satisfaction in that case. What impressed me the most about Andrew was his direct straightforward approach, and he has this incredible way of setting you at ease and yet telling you the good and the bad of a situation. I felt that he was very much a straight shooter and lived up to the reputation that preceded him. I would recommend them and Andrew Safranko to anybody in the world. They’re just that class of a group of people.

Chuck Testimonial Transcript
Well, I came to LaMarche Safranko Law because I knew Andy was here and he’s helped me in the past and I just feel so comfortable coming to him because you know you’re going to get the best outcome that you can get in a criminal law field. He’s done such a fabulous job for me and I’ve seen what he does for me, so I’m sure he’ll do the same—put out the same effort and energy and zeal it takes to win their case like he has mine. I would feel very comfortable recommending him.

“The staff at LaMarche Safranko Law took care of  whatever I needed, it was just fabulous. It was top shelf, if I called, I got George. If he was in a meeting, they left him a message. He called me right back after the meeting. Everybody was very courteous and very nice there. If I left a voicemail, everybody got back to me quickly. The level of service  was very, very good and I would Highly recommend them.”

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A personal injury client from Cohoes, NY

“My family and I cannot thank George and his staff enough for all of the support and guidance they have given us over the past six months. Anyone who has ever suffered a personal injury knows how difficult they are to overcome, but I’m glad we had such an intelligent and hardworking attorney on our side so I could focus on my recovery rather than on the details of the case….

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A personal injury client from Waterford, NY

“Dear Andrew and George,

I cannot thank you enough for your hard work, diligence, and selfless manner that you put towards my legal difficulties in Colonie. From the first moment I met you, you helped reassure me that things were going to turn out in a more favorable manner than I originally thought. Clearly, the final result of my court case displays the quality of time and work that you put into this….

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A client from Colonie, NY

“I am an attorney who found himself in the middle of a serious, personal legal matter that compromised not only my personal life but my professional life as well. I immediately contacted Andrew (Andy) Safranko, Esq. Andy worked tirelessly and extremely hard to bring my legal situation to a very favorable resolution. In so doing, Andy not only saved certain aspects of my personal and professional life

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Anonymous Attorney from Albany, NY

“Dear Mr. Safranko,

Thank You so much for answering my question, and so expediently!

The dedication, respect, and consideration with which you treat your clients, current and past, is remarkable. It is why I reached out to you when searching in my time of need, and why I would highly recommend…

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A client from Albany, NY

“Dear George, Andy and Staff,

Thank you all for your kindness and all your help in getting back to my wellbeing and life.  I could not have done it without you all.  Everything is going so well again.  I recommend you highly. Thanks Again!”

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A client from Troy, NY

“Throughout the attorney client relationship regarding my personal injury lawsuit, George and his staff continually exhibited tremendous amounts of legal knowledge, skill, and a vast amount of expert resources that ultimately resulted in a final judgment in my favor.  George was there every step of the way to explain where we stood and what to expect next and there was never a need to question his professional judgment…

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A client from Troy, NY

“Dear Andy,

Thank you so much for everything you have done for our son over the last three years.  This has been a very challenging time for our family and the knowledge that our son has an attorney as capable and amazing as you are has given us peace of mind!

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Parents of a client from Cropseyville, NY

“I cannot thank George E. LaMarche lll and his team for the excellent legal work they provided for my son, and in extension, our entire family. His experience, knowledge of the law, networking ability and communication is second to none. In our case, our son was wrongly accused by a small town police officer and charged with 5 tickets…

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A client from Altamont, NY

“I wanted to take this opportunity to thank you for your excellent representation on my recent matter. I have worked with lawyers, and in law firms much of my professional life, but I have never encountered the rare mix of skill, integrity and humanity in one individual—you….

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A client from Rensselaer, NY

“I can honestly say that the best decision I’ve ever made was retaining George LaMarche as my attorney. I was in a situation where everything wasat risk; my career, livelihood, and the ability to provide for my family. In desperation, I contacted over a dozen attorneys. The majority of the lawyers I spoke with promised results without seeing paperwork or knowing valuable facts….

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A client from Albany, NY

“No one likes to be in a bad situation, but if you need a lawyer George is your man. Not only does he point you in the right direction he offers good advice for your future. As much as we bring him business he does not encourage that next time anticipation….

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A client from Albany, NY

“I wanted to express my deepest appreciation to Mr. Andrew Safranko for the exceptional job he did in regards to my legal representation. Mr. Safranko displayed the utmost in professionalism and discretion during the entire court process, and took the time to explain each and every step….

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A client from Schenectady, NY

“The arrest of my husband in 2008 was an extremely difficult and emotional time for our family. The arrest turned our lives upside down. It was sudden and unexpected and had tragic emotional as well as financial consequences. I had no idea what to do under the circumstances….

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A client from Upstate New York
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