Defective Products

When we buy something in a store in Long Island or New York City – whether it be as simple as a pound of hamburger meat or a bottle of floor cleaner, or something as complex as a new car or power washer, we expect the product to be safe. In these modern times, we even assume that whatever we are purchasing has been regulated, examined, tested, and approved by any number of private companies and government agencies.

If you’ve followed the news over the last several months, you are aware that the CPSC issued 448 different product recalls in 2007, as a result of which approximately 30 million toys were pulled from store shelves. According the Washington Post, faulty products are responsible for 27,000 deaths a year, and a staggering 33 million injuries.

Located in Cedarhurst, New York, and serving Long Island, including Nassau and Suffolk Counties, as well as Brooklyn, Queens, Manhattan, the Bronx and Westchester, the Law Offices of Jonathan M. Cooper offers clients experienced counsel in defective product and dangerous product cases. Although the recently enacted Consumer Product Safety Act of 2008 (“CPSA”) includes many important provisions that will go a long way to better protecting our families and loved ones against many unsafe products and manufacturing practices, the CPSC remains grossly understaffed and underfunded, as they are responsible for overseeing the safety and compliance of over 15,000 consumer products. Moreover, since the CPSA contains a strict cap on the amount of civil penalties that can be assessed against manufacturers and distributors of dangerous products by the CPSC, we see product liability court cases as a necessity to assure that more dangerous consumer goods do not enter the marketplace.

Defective products come in a variety of forms. Here are some examples:

Consumer products. Consumer products can range from children’s toys to appliances to furniture to cleaning solutions – things that you use every day in your home. To find a list of recently recalled consumer products, visit the U.S. Consumer Product Safety Commission.
Foods, medicines, and cosmetics. Have you ever been horrified to find out that your prescription medicine was recalled? Have you even broken out in a rash after using a certain kind of make up? For a list of these recalls, visit the Food and Drug Administration. Similarly, if you believe that you have suffered food poisoning, you can find out whether the food establishment you bought the food from has been investigated for similar food poisoning cases by visiting the New York State Department of Health web site.
Defective Cars. Cars, trucks, motorcycles, and boats are some of the most dangerous places to find defective products, as faulty products in these situations can often lead to serious injury or even death. Defects can be found in car equipment, tires, and safety features like airbags, brakes, and children’s car seats. For more information, visit the National Highway Traffic Safety Administration.

It is not only vital that you report your defective product injury to the company and the appropriate government agency, it is also important that you contact a product liability lawyer to help you settle the dispute you have with the manufacturer, distributor or retailer of this product.

We are dedicated to helping you understand your defective product case from the beginning, so that you can help take an active role collecting the relevant evidence as well as proper expert scientific evaluations to determine whether it can be proven in court that the product was in fact defective. If we believe your case has merit, we will tell you so up front; on the other hand, if we believe that your case lacks merit, or will be difficult to prove, we will tell you that as well, because we do not believe in leading clients on.

What else separates the Law Offices of Jonathan Cooper from the other law firms serving the New York City area? We are continually thinking of new ways in which to expedite cases and save our clients money. Using innovations in technology and conservation, we have converted our firm to a largely paperless office and now file nearly all of our cases electronically. We believe that by embracing these innovations, we have become one of the most efficient law firms in New York.

Call Us Today To Discuss Your Defective Product Case

In a way, defective product cases carry a greater sense of immediacy than many other types of injury cases, for every moment that we don’t act in response to a serious injury caused by a faulty product, more of these unsafe products are being sold to families like yours.

Let the Law Offices of Jonathan Cooper examine your case and partner with you to find a just resolution to your situation, and make certain that the manufacturers, distributors and retailers who sold this questionable product is informed of their safety issue.

If you or a loved one has been injured by a defective product, or if you have a product safety question, call us today or fill out the form on this page for a free legal consultation. We want to help you put your accident behind you and return normalcy to your life.

The Law Offices of Jonathan M. Cooper are located in Cedarhurst, New York, and serves the following areas: Nassau, Suffolk, Brooklyn, Bronx, Queens, Manhattan, , Westchester and Staten Island.

New York Business Litigation Attorney | New York Breach of Contract Attorney

Blog for Defective Products

Library for Defective Products:

How To Prove A Breach of Implied Warranty Claim Under New York Law
Description: Long Island, New York breach of contract and defective products lawyer, and author of the Free eBook "Why Most Accident Victims Do Nor Recover the Full Value of Their Claim," Jonathan Cooper, discusses what a plaintiff needs to prove in order to prevail on his or her breach of implied warranty claim. For additional information on this and other germane topics, please see his website at www.jonathancooperlaw.com.dd
How To Prove a Breach of Express Warranty Claim Under New York Law
Description: New York Breach of Contract and defective products lawyer Jonathan Cooper sets forth some of the basic elements needed to prove a breach of express warranty claim. For additional informative articles on breach of contract and warranty claims, please visit his website at www.JonathanCooperLaw.com, or download a copy of his Free Book on defective products claims from www.ProductsLiabilityBook.com.
The Penalties For Destroying or Losing Critical Evidence Under NY Law
Description: In this article, published author of the free Books "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" and "Why There Are So Few Successful Defective Products Lawsuits" discusses the possible sanctions that can be imposed upon a party that destroys or loses critical evidence. For more information on this topic, please contact Jonathan Cooper's Nassau County, Long Island office directly at 516-791-5700, or visit his firm's website at www.JonathanCooperLaw.com.
How To Prove That A Product Was Defectively Designed Under NY Law
Description: In this article, Long Island, New York defective products lawyer Jonathan Cooper discusses what a plaintiff must prove in order to prevail on a defective design claim under New York law. For additional information on defective products lawsuits, please download a copy of Jonathan Cooper's Free eBook on defective products law at www.ProductsLiabilityBook.com.
How To Prove A Failure To Warn Claim Under New York Law
Description: In this article, Long Island, New York defective products lawyer Jonathan Cooper explains what a plaintiff must prove in order to prevail on a claim that those in the chain of distribution of a product, from the manufacturer and distributor down to the retailer, failed to properly warn of the dangers inherent in the use of their product. For additional information on this topic, please download a copy of Jonathan Cooper's Free eBook on products liability claims, "Why There Are So Few Successful Defective Products Lawsuits."
Licensor Liability for Product Defects Under New York Law
Description: Small business owners may be surprised to learn that under New York law, someone who licenses their trademark on a product can be held liable for injury that results from the foreseeable use of the defective product - even if they are not actively at fault. Does that sound scary from the trademark licensor's perspective? You bet it is.
3 Avoidable Mistakes Can Destroy Your Food Poisoning Lawsuit in NY
Description: The following free report by New York defective product and food poisoning attorney Jonathan Cooper outlines three simple steps you can take to protect your rights if you have consumed tainted or defective food products, such as peanut butter that is the subject of the current salmonella outbreak, or have been the victim of food poisoning in general.
Defective Goods: Damages That A Business Can Recover Under NY Law
Description: In this article, Long Island small business and defective products attorney Jonathan Cooper provides 3 strategies to help prevent a supplier or middleman from being left without any recourse if a manufacturer breaches its contract, and provides inferior or defective products that fail to meet specifications, damaging your small business. For further information regarding what renders a product defective under New York law, what constitutes a breach of contract, or to schedule a consultation with Mr. Cooper with respect to your small business's particular commercial litigation needs, please contact his main Long Island, New York office at 516.791.5700.
Deposition of Plaintiff in Brooklyn Dangerous Oven Cleaner Case [PDF]
Description: The deposition transcript in this defective products lawsuit shows the plaintiff's incredible claim that even though she used this caustic oven cleaner to remove stubborn grease from pots, pans and stoves, she did not realize that this product was dangerous.

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Frequent Questions for Defective Products:

Case Results for Defective Products:

$550,000 Recovered for Woman Whose Achilles Tendon Was Cut

Awarded: $550,000

$90,000 Recovered for Woman Who Sustained Second Degree Burns When Handle Broke Off From Ceramic Mug

Awarded: $90,000

Videos about Defective Products:

Web Resources for Defective Products:

Grocery Manufacturers Association
Description: The GMA, or Grocery Manufacturers Association, is the centralized, public and government relations advocacy and scientific research conglomerate that acts on behalf of some of the largest consumer products and food companies worldwide.
USA Animal and Plant Health Inspection Service
Description: The USDA's Animal and Plant Health Inspection Service (APHIS) is responsible for assuring the safety of American agriculture, particularly regarding vegetation, produce and animals.
USDA Food Safety and Inspection Service
Description: This site is actually a virtual assistant, which provides information about preventing of food poisoning or other food-based sickness, and also answers questions about proper food preparation and handling of egg, chicken and meat products that is culled from the USDA's extensive database of information.
New York State Consumer Protection Board
Description: The New York State Consumer Protection Board is a local arm of the Federal Consumer Product Safety Commission, and also has programs and initiatives aiming to reduce identity theft, and to promote the safety and privacy of personal data.
Recalls.gov
Description: This site, which is the product of the collaborative effort of six distinct governmental entities, is an attempt to provide a centralized location to find information on governmental recalls, safety instructions, or to file a complaint about dangerous or defective products.
U.S. Food and Drug Administration
Description: The FDA is a subsidiary of the Department of Health and Human Services, and is charged with the responsibility of protecting consumers and the general public safety from numerous products, particularly medical devices and medications, cosmetics and food products. Their site has important information on product recalls, and is regularly updated.
Centers for Disease Control and Prevention
Description: This agency, which is a division of the nation's Department of Health and Human Services, has a website is full of good health information on topics ranging from disease control and prevention to injury, violence and safety in the workplace, and in general.

The CDC's mission statement claims that it is responsible to note those health challenges that can be prevented, and in that role, it conducts ongoing investigations, including epidemiological and other scientific studies to develop programs to control, limit and prevent the spread of infectious disease.
Consumer Product Safety Commission
Description: This agency was established nearly 30 years ago to oversee the safety of thousands of consumer products as they relate to children. In particular, the agency is focused on reducing or eliminating from the marketplace those products that have an unreasonable risk level for fire, chemical or electrical problems.

Their website is a valuable resource for verifying the safety and recall information on defective or dangerous products.