Blog 
Defective Products
- Safety 1st Recalls Over 900,000 Defective Child Safety Locks
- Fire Hazard Prompts HP to Issue Product Recall of More Than 1 Million Fax Machines
- Ignoring Order, NY Company Sold Mattresses Violating Flammability Laws
- One Reason That Manufacturers Will Promptly Recall a Defective Product
- Offered Full Damages for Defective Dryer, NY Insurer Still Says No
Library
Defective Products
- NY High Court: Danger May Be Obvious, But That Doesn't Mean the Product Isn't Defective
- The Impact of a Tainted Product Recall On Your NY Food Poisoning Case
- The Most Important Issue Before You Start a NY Products Liability Case
- How To Prove A Breach of Implied Warranty Claim Under New York Law
- How To Prove a Breach of Express Warranty Claim Under New York Law
Case Results
School Negligence / Negligent Supervision
- $45,000 Recovered for Brooklyn Girl Burned By Excessively Hot Water
- $250,000 Recovered For 7 Year-Old Student Hit By Car at Dismissal
- $90,000 Recovered For Girl Burned By Soup That Was Negligently Prepared By Home Health Aide
Awarded: $45,000
Awarded: $250,000
Awarded: $90,000
Construction Site Accidents
Car Accidents
- $350,000 Recovered For Passenger in NY Taxi Cab
- $145,000 Settlement for Back Injury Resulting from Suffolk Boating Accident
- $75,000 for Queens Man Who Was Backed Into by Lincoln Navigator
Awarded: $350,000
Awarded: $145,000
Awarded: $75,000
Slip / Trip and Fall Accidents
- $115,000 Post-Trial Settlement for Trip & Fall in Long Island Store
- $300,000 Recovered For Woman Who Tripped and Fell Over Misleveled Sidewalk
- $75,000 Recovered For Woman Who Tripped and Fell Over Water Hose
Awarded: $115,000
Awarded: $300,000
Awarded: $75,000
Defective Products
- $550,000 Recovered for Woman Whose Achilles Tendon Was Cut
- $90,000 Recovered for Woman Who Sustained Second Degree Burns When Handle Broke Off From Ceramic Mug
Awarded: $550,000
Awarded: $90,000
Other
- $80,000 Recovered For Woman Assaulted By Building Superintendent
Awarded: $80,000
1.866.374.1164
A toy which was made in China that I bought for one of the children was recalled by the Consumer Products Safety Commission due to unsafe levels of lead. Who, if anyone, is liable for the lead poisoning that one of the small children sustained?
A: As a general rule, everyone that is in the defective and dangerous product's chain of distribution, from the manufacturer to the distributors to the retail store where you bought the product is potentially liable for the child's personal injuries. I emphasize the word "potentially," because there are other factors that could exempt some of these target defendants from liability in the New York courts, such as where they are beyond the court's jurisdictional reach. One example of this would be where the defective product's manufacturer is in a foreign country and does not have any meaningful contact with New York.
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News
- In Yet Another Product Recall, Toyota Acknowledges Steering Problems...
Posted on 8/3/2010 - Scope Mouthwash Recalled Due to Packaging Defects...
Posted on 7/2/2010 - Fire Hazard Prompts Sony to Issue Major Recall For Defective Vaios...
Posted on 7/2/2010 - GM Recalls 1.5 Million Cars Due to Fire Hazard...
Posted on 6/8/2010 - Staten Island Man Burned By Flammable Shirt Settles Claim For $300,000...
Posted on 6/3/2010 - Bausch & Lomb Settles NY Eye Infection Case For Over $500,000...
Posted on 4/25/2010 - Injured Factory Worker Burned By Defective Machine Recovers $500,000...
Posted on 1/30/2010 - Fire Hazard Leads to Expanded Recall of Defective DVD Players...
Posted on 9/6/2009 - Defective Design Leads to Recall of Bicycle Trailer...
Posted on 8/23/2009 - Children's Toy Importer Pays $31,000 Penalty to CPSC For Safety Violations...
Posted on 8/18/2009
FAQs
School Negligence / Negligent Supervision
- Are day care facilities in New York required to carry insurance before they are allowed to be licensed?
- Can a child be held liable for negligence under New York law?
- Can a parent be held responsible, or liable in negligence, for the acts of his child under New York law?
Construction Site Accidents
- Can a construction worker recover damages for his personal injuries that were sustained when he trips over a cinder block at a worksite under New York law?
- What laws apply to a New York construction accident?
- Can I sue my employer in NY for the personal injuries I suffered while working on a construction job site?
Car Accidents
- If I rear-end another vehicle, does that automatically mean that a court will find me 100% at fault for the accident under New York law?
- Who is responsible to maintain the roadways in New York?
- If a traffic light governing an intersection isn't working, does that mean that New York City or the municipality can automatically be held liable in negligence for my accident under New York law?
Slip / Trip and Fall Accidents
- Can New York State be held liable for a trip and fall accident on a defective sidewalk fronting its property?
- What does a property owner need to prove in order to have a slip and fall case dismissed before trial in New York?
- What is the most important factor to proving a trip and fall case against New York City?
Defective Products
- If a product is obviously dangerous, does that mean that it can't be considered defective as a matter of New York law?
- If someone is largely - but not entirely - to blame for their own accident, will that preclude them from recovering damages for their personal injuries in a negligence or defective products lawsuit?
- If a manufacturer or distributor of a product issues a product recall, does that mean that they have conceded that their product is defective?
General
- If a plaintiff cannot remember how his accident occurred, does that mean that his case must be dismissed as a matter of New York law?
- Is a school required to supervise its students at an after school program under New York law, and if so, what is the school's standard of care?
- What effect, if any, does a defendant's declaration of bankruptcy have on my personal injury lawsuit in New York?