Proving Your Product Liability Claim or Case

Every year, the Food and Drug Administration recalls hundreds of dangerous products, mostly food products. FDA inspectors are also responsible for prescription drug and medical device safety.

The FDA can publicly pressure companies to recall dangerous products. In rare cases, this agency can also compel companies to substantiate product warning labels. But it cannot unilaterally force them to recall these products.

Moreover, a product recall does nothing to compensate defective product injury victims. Only an assertive New York City product liability lawyer, can do that. As outlined below, these cases are very complex. Furthermore, big food and drug companies have almost unlimited resources. But big cases do not intimidate the Tucker Lawyers legal team. Instead, we simply roll up our sleeves, get to work, and fight for you.

Why Choose Us

Effective product liability lawyers are a rare breed. Many complex personal injury cases, like car crashes, are simple compared to product liability matters. A well-meaning, novice lawyer cannot possibly obtain maximum compensation in a defective product case. As mentioned, these defendants have vast resources. No NYC product liability lawyer can possibly match these resources. But the Tucker Lawyers legal team easily stands toe-to-toe with these defendants, because of our:

  • Experience: Since we have successfully resolved thousands of cases over the years, we rely on proven methods that generate proven results. Additionally, officials consolidate many product liability cases in faraway courts; it’s imperative that your product liability attorney in NYC is familiar with all the local rules. That includes the written and unwritten ones.
  • Accessibility: We may advocate for you in a different forum, but our legal team is rooted right here in New York City. We have several office locations in the Tri-State area. We’re also happy to offer virtual, home, and hospital visits. Professional accessibility is important to us as well. We don’t quickly refer cases to other lawyers. Furthermore, our senior staffers don’t over-delegate work to non-lawyer assistants or less experienced associates.
  • Dedication: Many lawyers in New York handle a few personal injury cases on the side. These lawyers are overmatched in product liability cases. Only an attorney who’s dedicated to upholding the legal and financial rights of injury victims can possibly obtain maximum compensation for your serious injuries.

If you feel like you may have a case, we urge you to reach out to us as quickly as possible. Victims of defective products have a limited amount of time to act.

Your Legal Options

The seasoned defective product attorneys at Tucker Lawyers understand the nuances of any successful defective product lawsuit and stand ready to help you recover all legal damages from a manufacturer responsible for your injuries or the death of a beloved family member.

Defective hip implants, which have injured hundreds of thousands of people, are a good example of the three types of cases our NYC defective product lawyers handle most frequently.

Design Defects

The hip is basically a cup and socket joint. For years, hip implants had metal sockets and plastic cups (plastic on metal, or PoM). When metal-on-metal (MoM) implants replaced the old designs, companies like Zimmer and Biomet hailed the design innovation as a major improvement.

However, the all-metal parts ground against each other, releasing tiny metal fragments into the blood steam and causing metallosis, or metal poisoning. Effects included serious chronic illnesses and device displacement. In other words, because of the defective design, many hip implant patients lost what little mobility they had.

Manufacturing Defects

Sometimes, the hip implant issue was the components, as opposed to the design. Mostly to save money, many hip implant companies used cheap, imported parts from foreign countries.

There’s nothing wrong with using imported parts, as long as those parts are safe.

Failure to Warn

Design and manufacturing defect claims are strict liability claims. If one of these defects causes injury, the manufacturer is usually liable for damages as a matter of law. Failure to warn is a negligence claim. Generally, manufacturers have a duty to effectively warn customers about known side-effects or other possible hazards. An effective warning usually means an obvious warning. Hip implant manufacturers often tried to bury design and manufacturing side-effects warnings on long lists of possible side-effects. That’s not good enough under New York law.

Failure-to-warn cases are a bit easier to prove than defective product cases. The downside is that a NYC defective product attorney must prove negligence, or a lack of care, in these cases.

Procedural Issues

Our thorough New York City product liability lawyers never dismiss problems as “technical” or “procedural.” Small details in a personal injury case are usually the difference between maximum compensation and settling for less.

Defective products usually injure hundreds, thousands, or even millions of people. If courts handled these cases piecemeal, they would overwhelm the system.

Class action lawsuits have one primary injured plaintiff and all the rest “attach” their lawsuits to this one victim. The judgment is then proportionally divided between all victims if their claim is successful.

A mass tort, on the other hand, keeps each individual claim intact but bundles them together in the same trial for procedural purposes. This makes each damage award unique to each plaintiff’s claim.

In both of these situations, victims who come forward early, and therefore assume more of the burden, usually receive a larger share of a settlement or judgment.

Your NYC product liability attorney can clearly explain which option is the best route to take toward fair compensation, as well as review other factors which could impact your claim or lawsuit.

Issues in Obtaining Maximum Compensation

You now know why manufacturers have both legal and moral obligations to safely design and build their products with reasonable care and to warn you of any inherent dangers involved in the use of them. Sadly, however, many manufacturers are under great pressure to keep costs down and increase profits. This practice can often lead them to cut corners at the expense of safety in creating their products, thereby causing consumer injuries and wrongful deaths. In order to remain in business, they must carry some form of liability insurance.

Many manufacturers, unfortunately, make it a common practice to hide behind their insurance company (and lawyers) to either evade liability altogether or to offer “low ball” settlements that do not come close to meeting your needs – or your family’s – when injured by their products.

These needs include compensation for economic losses, such as medical bills, and non-economic losses, such as pain and suffering. Additionally, these victims need justice. These companies must learn that they cannot put profits before people. Therefore, significant punitive damages are often available in defective product cases.

The statute of limitations in a New York defective product lawsuit, which cuts off the ability to obtain compensation, is three years after the injury occurs. Several available exceptions extend that time, by several decades in many cases. If you or a family member has been injured by any defective product, the seasoned and experienced New York product liability lawyers with Tucker Lawyers can help you receive the compensation you deserve.


When you have questions about a defective product or other personal injury claim, our NYC defective product lawyer has the answers.

What exceptions extend the statute of limitations?

The discovery rule is a time halt on the statute of limitations. According to this legal rule, victims don’t have to file claims until:

  • They know the full extent of their damages, and
  • They connect those damages to a tortfeasor’s (wrongful actor’s) conduct or misconduct.

Other exceptions exist for victims who are under 18, mentally incompetent, or in bankruptcy when they were injured.

How do I prove my case?

Some defective product claims are strict liability claims. If a victim/plaintiff proves the defective product caused his/her injury, the company is liable for damages as a matter of law. Evidence of cause usually includes expert witness reports and illness clusters (e.g., if many people who ate a certain food developed a certain disease, that food was probably tainted).

Other defective product claims are negligence claims. To obtain compensation, an NYC defective products lawyer must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

How do I get medical help?

Medical bills are incredibly high, and they increase every year. Therefore, many victims must settle for the care they can afford, instead of the care they need.  A defective product lawyer in New York connects victims with top-shelf doctors who charge nothing upfront for their professional services.

Why does my lawyer want to settle my case?

Trials are risky. Even if the victim has an overwhelming amount of evidence, there’s simply no way to tell what conclusions jurors may reach or how a judge might rule. Settlements are certain. Furthermore, they give victims more control over the outcome. Finally, they end cases sooner, so victims can move on with their lives sooner.

Please contact Tucker Lawyers P.C. at 516-399-2364 or fill out our online contact form to arrange a free consultation as soon as possible. You pay nothing whatsoever unless we negotiate a settlement you approve or we win your case in court.

john tucker

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]

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