Product Injury Lawyer Westchester County

Your Advocate in Product Liability Cases

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We understand the frustration, pain, and financial burden you face after a product liability injury. That’s why our team is committed to providing comprehensive legal support every step of the way, helping you receive the justice you deserve. We’re passionate about holding manufacturers accountable for their negligence.

Here’s how we’ll work for you:

• Investigating Thoroughly: We’ll gather evidence, including product manuals, purchase receipts, safety reports, and professional witness testimonies. If necessary, we'll examine the product itself to determine the cause of the defect.
• Identifying Liable Parties: We’ll determine who is responsible for your injury, including the manufacturer, distributor, retailer, or any other party.
• Calculating Your Losses: We’ll assess the full extent of your financial and emotional losses, including medical bills, lost wages, pain and suffering, and disfigurement.
• Negotiating Aggressively: We’ll fight relentlessly to secure a fair settlement from insurance companies.
• Litigating When Necessary: If a fair settlement cannot be reached, we are prepared to take your case to court and fight for your rights in front of a jury.

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We are committed to fighting for your rights and helping you rebuild your life. Contact us today for a free consultation.

We Handle All Types of Product-Related Injuries

At Tomkiel & Tomkiel, our Westchester defective product lawyers have extensive experience handling cases involving a variety of product-related injuries, including:

Burn Injuries

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Faulty stoves, heaters, irons, and wiring can all lead to burns, as can exposure to hazardous chemicals. These injuries range from minor first-degree burns to severe third-degree burns that require extensive medical treatment and can lead to long-term complications like scarring and infection.

Broken Bone Injuries

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Falls due to defective ladders, stairs, or other structures can result in broken bones. These fractures can occur in any part of the body and can require surgery, casting, or other forms of treatment.

Brain Injuries

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Defective products can cause concussions, skull fractures, and even traumatic brain injuries that have long-term consequences for cognitive function, memory, and overall health.

Paralysis Injuries

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Some incidents caused by faulty products can lead to paralysis, significantly impacting mobility, bodily function, and independence.

Spinal Cord Injuries

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Spinal cord injuries can cause loss of sensation and other serious limitations in mobility and bodily function. The severity of the injury depends on the location and extent of the damage to the spinal cord.

Cuts and Lacerations

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Sharp products, broken parts on machinery, or malfunctioning power tools can cause serious cuts. These injuries may require stitches and extensive medical care.

Eye Injuries

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Debris, chemicals, or lasers can cause minor eye irritation and even permanent vision loss.

Electric Shock

Faulty wiring and malfunctioning appliances can lead to electrical shocks, causing burns, heart problems, or even death.

This is not an exhaustive list. Defective products can cause a variety of injuries, and it’s important to seek medical attention and legal advice if you’ve been injured by a product. If you believe a defective product caused your injury, contact a product liability attorney to discuss your legal options.

Our Contingency Fee Approach

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At Tomkiel & Tomkiel, we believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis, which means you never pay anything out of pocket to hire us — we only get paid if we successfully obtain compensation for you. This ensures you can focus on your recovery and well-being — without the added burden of legal expenses. It also means we’re fully invested in achieving the highest possible outcome for your case.

During your free consultation, our attorneys will explain our fee structure in detail so you can make an informed decision without any financial pressure. We want you to feel confident and comfortable knowing that we are working tirelessly to get you the justice and compensation you deserve.

Injured by a Defective Product?

Contact Tomkiel & Tomkiel today for a free, confidential consultation. Suffering an injury from a defective product can be an overwhelming experience, but we are here to help.

Get a Free Case Review‍

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Common Product Liability Cases

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There are four main scenarios that commonly contribute to a product liability case:

• Manufacturing Defects: The product deviates from the manufacturer's specifications during production. This means the product was not made correctly, leading to a defect.
• Design Defects: The product is inherently dangerous because of its design, even if manufactured perfectly. The design itself creates a risk of injury.
• Marketing Defects (Failure to Warn): The manufacturer fails to adequately warn consumers about potential risks. This could involve insufficient warnings on labels, unclear instructions, or misleading marketing claims that downplay risks.
• Breach of Warranty: This involves a product not meeting the terms of an express or implied warranty made by the manufacturer or seller.

There are three primary types of warranties:

• Express Warranty: Specific promises made about the product's performance or quality, usually written or verbal.
• Implied Warranty of Merchantability: The assumption that the product is fit for its intended purpose and of reasonable quality.
• Implied Warranty of Fitness for a Particular Purpose: When a buyer relies on the seller's expertise to choose a product suitable for a specific use.

These four types of product liability cases often overlap. A skilled product liability attorney can help you identify the specific legal theories that apply to your case and build a strong claim.

Liability in Westchester Defective Product Cases

Product liability law is based on the principle that manufacturers and sellers have a duty to ensure that their products are safe for consumers. If a product is defective and causes an injury, the injured party may be able to file a product liability lawsuit.

The following parties may be held liable for product-related injuries:

• Manufacturers: The company that designs and produces the product.
• Distributors: The companies that transport and store products.
• Retailers: The companies that sell products to consumers.
• Other parties: Other individuals or entities who may have played a role in the chain of distribution, such as suppliers, assemblers, or installers.

When faced with a product liability claim, manufacturers may attempt to defend themselves by raising several common defenses, including:

• Assumption of Risk: This defense argues that the injured party knew of the risks associated with using the product and voluntarily chose to use it anyway.
• Comparative Negligence: This defense argues that the injured party was partially at fault for their injuries.
• Misuse: This defense argues that the product was misused in a way that was not intended by the manufacturer.

Because manufacturers have a host of defenses at their disposal, proving that the product was defective (and that it was used correctly) is essential to winning a product liability case. However, it’s not always as simple as pointing at a broken part. 

Here’s a breakdown of how you might establish a defective product:

• Physical Examination of the Product: If possible, obtain and preserve the defective product. A professional can examine it for defects in manufacturing, design, or labeling.
• Photos and Videos: Document the product's condition, including any visible defects, the accident scene, and your injuries.
• Maintenance Records: If the product was subject to regular maintenance, records might show a history of problems.

• Witness Testimony: Witnesses who saw the product malfunction or observed the accident can provide valuable information.
• Expert Testimony: Professionals in engineering, manufacturing, or other relevant fields can analyze the product, the accident, and your injuries to offer opinions on the cause of the defect.
• Legal Strategies: A seasoned product liability lawyer can help you gather the right evidence and build a strong case.
• Exhaustive Documentation: Keep detailed records of your injuries, medical expenses, lost wages, and any other damages.

As you can see, proving a product defect is complex and requires careful investigation and evidence gathering. That’s why it’s crucial to work with a skilled defective product attorney who can build a strong case and fight for your rights.

Compensation for Product Liability Injuries

If you’ve been injured by a defective product, you may be entitled to compensation for your losses. At Tomkiel & Tomkiel, our product liability lawyers will work tirelessly to ensure you receive a fair and just settlement that covers all of your damages.

The first kind of compensation you may be eligible for includes economic damages. These are tangible losses that you can tie to a specific dollar amount, and they include:

• Medical Expenses: This includes hospital stays, doctor's visits, medication, physical therapy, surgery, rehabilitation, and any future medical care you may need.
• Lost Wages: This includes current and future lost wages, lost earning capacity, and potential loss of future income.
• Property Damage: If the defective product damages other property, you may be able to recover compensation for the cost of repairs or replacement. This could include damage to your home, vehicle, or other personal property.

You may also be eligible for non-economic damages, which are intangible losses that are harder to quantify. They include:

• Pain and Suffering: This includes compensation for your physical suffering, emotional distress, mental anguish, and the impact on your overall quality of life.
• Disfigurement and Scarring: Injuries from defective products can often result in scarring and disfigurement, impacting your appearance and potentially causing emotional distress.
• Loss of Consortium: If your injuries prevent you from engaging in intimate relationships or family life, we will seek compensation for the loss of consortium.

If you have been injured by a defective product in Westchester County, contact Tomkiel & Tomkiel today for a free, confidential consultation. We will fight for the compensation you deserve and hold negligent manufacturers accountable for their actions.

Westchester Statute of Limitations for Product Liability

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New York’s statute of limitations for product liability claims gives you three years from the date of the injury to file a product liability lawsuit. However, various exceptions and specific circumstances can impact this timeframe, making it essential to consult with a Westchester product liability lawyer as soon as possible.

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