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When you purchase a product, you pay not only for the good itself, but for the underlying costs of design, engineering, testing and inspection. You have no choice but to trust that the manufacturer diligently performed these functions to ensure your safety when using its product. No one should pay hard-earned money for an unsafe or defective product that causes injury.

At Eisenberg & Baum, LLP, our New York product liability lawyers are committed to holding manufacturers responsible for defective products that injure consumers or workers. People should never have to suffer injuries from an unsafe product, but when they do, the manufacturers must be held accountable for allowing the unsafe product to land in the hands of the consumer.

The Ugly Side of Product Recalls

When a manufacturer learns that its product presents a danger to consumers or users, it typically has three choices:

• Take no action: Allow consumers to suffer injuries and — if necessary — settle with the victims on a case-by-case basis.
• Wait and see: Allow the product to remain on the market and monitor the extent and severity of injuries it causes before deciding whether or not to take action.
• Issue a recall: Very few recalls are mandated by the government. Most recalls are voluntary, although the manufacturer may have been informally pressured by the government to do so.

The manufacturer usually makes its decision on a financial basis, not based on the consumer’s likelihood of injury or death. If a manufacturer calculates the cost of a recall to greatly outweigh the expense of litigating a handful of wrongful death cases caused by its product, it will often leave its product on the market, threatening the safety of its own consumers.

Manufacturers are strictly liable for the products they place in the market. However, holding a manufacturer liable for an unsafe or dangerous product is not easy, even when it has already issued a recall.

To build the strongest case possible, product liability lawyers must gather all available data about the product and injured consumers. It requires intensive research to do this correctly; it will likely require the attorney to legally request manufacturer documents. Our attorneys are skilled at conducting such inquiries and will not back down to huge corporations.

Speak With an Attorney

Eisenberg & Baum’s personal injury group helps clients recover from injuries caused by all kinds of defective products. We are also equipped to handle the unique complexities involved with unsafe medical device lawsuits.

If you or a family member suffered a New York defective product injury, it is crucial to find an attorney committed to leaving no stone unturned. Contact us for a free consultation about your case: complete our online form, email us at info@eandblaw.com or call (212) 353-8700.

We are a New York City-based injury law firm with offices in Manhattan and Manhasset, NY, Philadelphia, and in Los Angeles, California. We bill on a contingent fee basis — you won’t have to pay us unless we win your case.