COSMETICS
PRODUCT LIABILITY ATTORNEY
Cosmetics Manufacturers have a duty to make sure their products are safe for consumers. They can breach this duty when they create unsafe products or fail to warn consumers about dangers that may impact a portion of the population, such as known allergic reactions. If you have been seriously injured by cosmetics, you need an experienced Cosmetics Product Liability Attorney at your side.
STRICT PRODUCT LIABILITY
An injured party can sue both the seller and the manufacturer of cosmetics, depending on whether the injury was caused by a defective design, a defect or by improper labeling. New York follows the “strict product liability” standard which means that an injured person bringing an action must prove that they are the type of consumer the product was intended for, that the defect did not occur after the product was sold (ie; left out in the sun,) and that there is an injury. The theory is called “strict liability” because it is not necessary to prove, as it is in most negligence cases, that there was a “specific duty of care” to that particular user. This standard applies to most consumer marketed products. An experienced Cosmetics Product Liability Attorney can be retained to represent you in strict liability claims.
BREACH OF WARRANTY
This theory is available is a manufacturer or seller made any specific guarantees that a product would accomplish a particular goal, but this would not apply in cases where there is an actual injury. It can also be brought with the general theory that there is an implied guarantee that a product is “fit for normal use” and therefore should not cause an injury. The third breach of warranty claim would be that the seller and manufacturer knew that the product was being used “off label” for a specific purpose and caused injury when used in that way. These claims do not always result in an award of damages, but can be helpful in bringing a strict liability claim. An experienced Cosmetics Product Liability Attorney can be retained to represent you in breach of warranty claims.
ALLERGIES
When manufacturers know or should know, that a cosmetic product causes an allergic reaction in some people, they have a responsibility to warn of this risk. If the allergy is common, it could give rise to a breach of warranty that the product was fit for cosmetic use. Make sure to tell your Cosmetics Product Liability Attorney about any allergies you have.
COSMETICS PRODUCT LIABILITY ATTORNEY
How Insurance Companies Low Ball Claims
If you’ve ever filed a claim against an insurance company, you know that they’re not in a hurry to give you top dollar. They are trained to use every means possible to deny or reduce how much money they pay out in claims. That’s why unrepresented claimants collect pennies on the dollars when compared to plaintiffs represented by experienced negligence lawyers in Queens. Wittenstein & Wittenstein is the Queen, Manhattan, Brooklyn, Staten Island and Bronx car accident attorneys that’s trusted by more New Yorkers than any other firm. Low Ball vs. Policy Limits The first thing to understand is the difference between a lowball offer and a tender of policy limits. Due to the virtual impossibility [...]
How To Get Your Business Off To A Great Start
If you’re planning to start a business, hiring an experienced Queens business attorney is the best way to ensure its long term success. The adrenaline is pumping for startups at their outset, but companies that are not properly poised for growth don’t tend to stay in business very long. That’s why it’s so important to form the right business entity, carefully outline what’s expected from all the people involved and take steps to make the business attractive to investors. Hiring a Queens business lawyer doesn’t have to break the bank. Wittenstein & Wittenstein offers flat rates and packages for most of our services, so you’re not paying hundreds of dollars for a short phone call. [...]
Should I Divorce My Attorney?
If you’re feeling ignored, unappreciated and misunderstood by your attorney, it might be time to consider a divorce. Unlike a real divorce, dumping your attorney is relatively easy because New York law gives clients the unfettered right to fire their attorney at any time and for any reason. You don’t even have to tell your attorney that you want a divorce, you can simply find a new attorney, sign papers and they’ll be notified. You wouldn’t keep going back to a restaurant where you hated the food and they treated you badly, so why are you sticking with an attorney you can’t stand? If you don’t like how your negligence case is being handled and/or you [...]
The Most Common Types of Personal Injury Cases
There are many different types of personal injury cases including car accidents, slip and falls, product liability, sexual harassment and medical malpractice claims. Each type of case has its own case law, strategies and customs that can help maximize the amount of money that an injured victim collects, but some types of cases are more common than others. In New York City, the most common types of personal injury cases are car accidents and medical malpractice. This is probably because of the density of the city that makes traffic crashes more likely and doctor’s offices plentiful. If you’ve been injured and it’s not your fault, it’s important the right professional for help, such as a Queens [...]
The Importance of Choosing the Right Attorney
If you’ve been badly hurt in an accident, expect to be chased by a wide range of characters seeking to profit from your bad fortune. If your injuries were caused by the harmful negligence, recklessness or intentional act of somebody else, you may be entitled to a large amount of compensation, but there’s no free lunch. If you’re sitting comfortably and reading this, it’s highly unlikely tha your case is worth millions of dollars, so don’t believe tall tails spun by charlatans. There are so many legitimate and trustworthy personal injury attorneys with longstanding excellent reputations, there’s simply no reason to sign up with cheats and frauds. Wittenstein & Wittenstein is the Queens, Bronx, Staten [...]
The Importance of Personal Service
There are a plethora of billboards from attorneys promising that they are the biggest firm in town. This reminds of me the sign next to the golden arches that announces that billions of people have been served. Does this mean that they make the best burgers? No, it just means that they are providing service to many people and that’s not possible unless what they are offering is pretty watered down product. I like my burgers thick, rare, hot off the grill and eaten on a real plate - something that’s not possible to mass produce. When you’re seeking a lawyer, you’re looking for somebody that can bring your case to life, not a fleeting association [...]
What Should I Do After A Truck Accident?
Truck accidents are one of the major causes of death and catastrophic injuries in the United States. In fact, every fifteen minutes a person is seriously injured or loses their lives in an accident involving an eighteen wheeler, tank truck, mobile crane, log carrier, dump truck or other large vehicle. The lion’s share of truck accidents happen on the weekends and most of them occur in fair weather. How to react immediately after a truck accident can have a huge impact on your health and your legal rights, so it’s important to know what to do immediately after a truck accident. After you receive emergency medical treatment and take actions to preserve evidence, it’s time [...]