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What is Product Liability?

/ Personal Injury /

A Queens personal injury lawyer can help you file a defective product claimNEW YORK — Do you know which products on your shopping list might be defective this year? Faulty products send thousands of people to the emergency room annually. Whether it’s a gift or an every day household item, a Queens personal injury lawyer says defective products fall under a unique category of personal injury law known as “product liability law.” The terms outlined in these rules sometimes make it easier for victims to recover damages from a liable party, such as a manufacturer or the seller of a faulty product.

Product liability holds manufacturers and sellers liable for allowing defective products to be available to consumers. The responsibility for a defect that leads to an injury lies with all the parties in the chain of distribution. The law requires all products to meet the ordinary expectations of the consumer. To have a viable product liability claim, a product deemed defective or dangerous cannot meet those expectations.

State laws regulate product liability claims, which may be brought under negligence, strict liability, or breach of warranty. If you’ve been injured as the result of a defective or dangerous product, there may be several parties you can hold accountable.

What to Prove in a Personal Injury Case Involving “Product Liability”

Today, an injured person needs to show the following elements to successfully establish a personal injury claim involving product liability:

  • The product was defective
  • A person became injured as a result of the product’s defect
  • The product’s defect caused the injury
  • The seller or manufacturer owed a duty to make or sell a safe product

How to Start a Personal Injury Lawsuit in Queens for Product Liability

According to a personal injury lawyer in Queens, an injured person can start a product liability claim under three circumstances:

  • Negligence: In this scenario, the plaintiff (injured person and their family) must prove that the manufacturer or seller had a duty to provide a safe product, and they ignored that duty. This breach must also have caused the person’s injury.
  • Strict Liability: In this case, a manufacturer or seller is held liable for another person’s injuries even if they didn’t have knowledge that their product was harmful. This is typically the case when a product has a defect, and the plaintiff must show that they used the product in a ‘typical’ manner.
  • Breach of Warranty: Products with manufacturer warranties allow plaintiffs to bring breach of warranty lawsuits when those warranties fail and lead to injuries.

3 Types of Product Defects

There are three ways a plaintiff may prove a product defective:

  • Warning defects
  • Manufacturing defects
  • Design defects

A defect can occur at any stage of the production process; from the moment the product is designed to the moment it’s boxed-up and sold.  Most product liability suits involve only one type of defect, but a plaintiff could be entitled to additional compensation if several defects were present.

Queens Personal Injury Lawyers Fighting For Victims Of Defective Products

Cellino & Barnes has experienced personal injury lawyers in Queens who have helped many clients with product liability claims. Our goal is to help you get the compensation you deserve after you’ve suffered unnecessary injuries stemming from a defective product. Contact our Queens personal injury lawyers to discuss your claim.

Cellino & Barnes (800) 888-8888

Tractor-Trailer Sideswipes Police Car, Injures Officer And Others

/ Truck Accident /

State Police say a truck driver violated the Move Over law in NY, sending two to an area hospitalNEW YORK — New York State Police are urging drivers to follow the “Move Over” law after a tractor-trailer sideswiped a police car and an SUV on the Thruway Wednesday afternoon. Trooper Thomas Hanigan and a passenger, Juana Herrera, were injured in the accident, police said.

State police said Juana Herrera, 46, and Alejandro Espinosa, 56, both of Albany, were attempting to change a tire on the side of the highway with the assistance of Thomas Hanigan, a 19-year veteran assigned to state police barracks in Ulster. While they were changing the tire, police said a tractor-trailer sideswiped Hanigan’s police car and the SUV with a flat tire.

The truck driver, who hails from Quebec, Canada, was ticketed for violating New York State’s “Move Over” law. Now, troopers are urging other drivers to remain conscientious of their surroundings, and move over or slow down when there are vehicles on the side of the highway.

Both Juana Herrera and trooper Thomas Hanigan were taken to the HealthAlliance Hospital’s Broadway Campus in Kingston, where they were treated for their injuries.

New York State’s Move Over Law

The New York “Move Over” Law was expanded in November, 2016. It now requires drivers of all vehicles to slow down or move over for roadway construction crews, sanitation vehicles, and all vehicles displaying emergency or hazard lights on the side of the road.

Violating the “Move Over” law can result in a $150 fine for a first offense. Additional offenses could cost up to $450.

The law was created by lawmakers in response to a string of accidents across the country that could’ve been prevented if drivers simply slowed down or moved to another lane.

Holding Drivers Responsible

Drivers who violate the “Move Over” law are not only subject to hefty fines; they can also be held responsible for another person’s injuries. Whether that person was struck by a tractor-trailer or a smaller vehicle, the injuries can leave a lasting impact on that victim’s life. In New York State, truck accident attorneys say victims have the right to file a personal injury claim, which can help victims get compensated for their injuries.

This compensation can help cover many costs associated with the accident, including:

  • Medical bills
  • Physical assistance
  • Wrongful death
  • Pain & Suffering
  • And More

When a large truck is involved, injuries can often be more severe, and these costs can skyrocket. An experienced New York truck accident lawyer will fully investigate the crash to gather evidence that can be used in court to prove your case, and help you get the best result possible from a personal injury claim. This evidence can include:

  • Truck maintenance records
  • Overall safety of the intersection
  • Surveillance video
  • Traffic signals
  • Dashcam video from the truck itself or other drivers in the area
  • And More

If you or someone you know has recently been injured because of another driver’s negligent actions, you’ll want to get in-touch with a qualified New York truck accident lawyer as soon as possible. There are many deadlines that need to be met in order to get the best result possible from a claim.

If you decide to contact Cellino & Barnes, we’ll put our best truck accident attorney in New York on your case, and examine every piece of evidence that could help your case. Contact us anytime – day or night – for a FREE consultation.

(800) 888-8888

How Is Mesothelioma Treated? | What To Do

/ Mesothelioma, Uncategorized /

The Mesothelioma attorneys at Cellino & Barnes can put your family in touch with the best doctors and help you get the best results possibleNEW YORK — When a doctor has informed you that you have mesothelioma, or that a loved one has mesothelioma, it can be a shock. What is mesothelioma? How is Mesothelioma Treated? How do you get the best doctors? There are a lot of questions, you may want to ask. The mesothelioma attorneys at Cellino & Barnes can help you get answers.

What Is Mesothelioma?

Mesothelioma is a specific type of cancer that is only caused by asbestos exposure. Although millions of dollars have been invested into researching the disease, doctors have not found a cure. Therefore, the treatment options are meant to make the patient’s remaining years as comfortable as possible while keeping the disease from spreading.

How Is Mesothelioma Treated?

There are several treatment options for patients with mesothelioma, and all of these options should be thoroughly discussed with a medical professional:

  1. Surgery. When the cancer has already spread into other parts of the lungs, or other organs, surgery is a possible method of treatment. It’s important to note that surgery hasn’t been 100% effective at treating the disease. Instead, the main goal of surgically removing a tumor is to reduce the amount of pain a patient is in.
  2. Chemotherapy. One of the most common treatment methods, chemotherapy may help reduce the size of the tumor using chemicals. Although it’s been successful in reducing the size of cancer cells and relieving pain associated with mesothelioma, chemotherapy also has a number of negative side-effects that should be discussed with a medical professional.
  3. Radiation Therapy. This has become a key element of many cancer-treatment plans. However, radiation alone can’t manage mesothelioma. It’s commonly combined with chemotherapy, surgery or both.
  4. Other treatment methods. There is no proven cure for mesothelioma, but that isn’t stopping doctors from trying to find one. There are many investigational therapies and medicines being tested right now. It’s important however, to discuss these potential options with your doctor.

Getting the Best Mesothelioma Attorneys & Doctors

Some of the best mesothelioma attorneys in the nation do not charge their clients with up-front fees and costs. Instead, they use what’s called a ‘contingency fee,’ which is a percentage of any settlement or verdict they win for your family in court. The mesothelioma attorneys at Cellino & Barnes have a “No Fee Promise” which guarantees clients that they won’t owe anything unless their mesothelioma lawyers win your case.

Additionally, an experienced mesothelioma attorney can make sure you get the best doctors to help manage the cancer. Whether you contracted mesothelioma as a Navy veteran, a factory worker or by using regular household products, Cellino & Barnes can help you get the best doctors on your side, and the best result possible from your claim.

Contact our experienced legal team today for a FREE consultation.

Cellino & Barnes (800) 888-8888

What Are The Top Causes Of Pedestrian Injury Accidents?

/ Personal Injury /

If you've been hurt, a New York personal injury lawyer can help you with a FREE consultationNEW YORK — Getting around New York City, you might notice that the streets aren’t very forgiving. With few places to park and so many pedestrians, there’s a high risk of severe accidents. According to a at Cellino & Barnes, more than 11,000 pedestrians were injured in accidents last year. That’s roughly 30 people every day!

Injury lawyers in New York say accidents can happen for several reasons, but some of those reasons are more common than others. The following are the top causes of pedestrian injury accidents in and around New York.

Drivers Turning Left

Even when pedestrians cross at designated crosswalks, drivers turning left are 3 times more likely to hit them than if they were turning right. This is because both parties are looking in opposite directions.

Unmarked Crosswalks

Signaled crosswalks make it obvious to drivers that they should expect pedestrians to cross the street where the signal is located. Although drivers are required to stop and allow pedestrians to cross a road, impatient drivers may be less likely to do so if they don’t anticipate the presence of pedestrians at a particular location, or at a certain time.

For example, drivers at night expect to see fewer pedestrians on the road. So, their driving habits often change, usually for the worse.

Distractions

Distracted drivers are one of the biggest threats to pedestrians; however, pedestrians sometimes put themselves in grave danger when they fail to pay attention to traffic because they’re using their electronics. A New York personal injury lawyer says many serious pedestrian accidents can be difficult to prosecute, because there’s evidence that the person crossing the street wasn’t paying attention.

The same can be true on the other side of things. Drivers have a responsibility to maintain control of their vehicle and avoid hitting other objects, including parked cars and pedestrians.

Backing Vehicles

Pedestrian accidents routinely occur in parking lots or on streets where drivers are backing into the road from a parked position. Most new vehicles come with rear-view cameras to help reduce these accidents, but they’re not always 100% accurate. Many backup cameras have blind spots, and if a driver relies too heavily on this tool, they could be responsible for an accident.

Who is most likely to get hurt in a Brooklyn pedestrian accident?

A personal injury lawyer in New York has put together the following statistics based on public data and their years of experience handling personal injury cases in New York:

  • Children and the elderly face a greater risk of being hit by a car, truck, cyclist or other motorist.
  • One-fifth of kids 14 and younger who were killed in traffic accidents were pedestrians.
  • Nearly 20% of all pedestrian fatalities involved people 65 and older
  • Seniors also made up 11% of all injured pedestrians.

Between men and women, men carry a higher risk of being killed in traffic accidents. According to a recent NHTSA’s report, they made up 70% of all pedestrians killed in traffic crashes.

Alcohol also plays a huge role in pedestrian accidents. The report found that nearly half of all crashes resulting in pedestrian fatalities in 2013 involved alcohol. Approximately 34% of all pedestrians killed had a BAC at or above the legal limit of 0.08 grams per deciliter of blood. About 15% of drivers had BACs at or above that limit.

Even the most responsible pedestrians cannot control the actions of a reckless driver. At Cellino & Barnes, it’s our job to hold negligent drivers and their insurance companies responsible for your traumatic injury. Our team of personal injury lawyers in Brooklyn has recovered over $2 billion in settlements and verdicts for our clients. Call us for a FREE consultation.

Cellino & Barnes (800) 888-8888

3 Common Reasons People Call Personal Injury Lawyers

/ Uncategorized /

When you need a Brooklyn personal injury lawyer, contact Cellino & Barnes NEW YORK – When an accident leaves you injured, it can trigger many negative events. A Brooklyn personal injury lawyer says you may not be able to work, pay your bills or afford the best medical treatments. In many cases, you may be entitled to receive compensation for these headaches. To get the best possible result from a personal injury claim, you have the right to hire an experienced personal injury attorney in Brooklyn.

Many people who become involved in accidents may not think about contacting an attorney or might hesitate to do so, but an attorney is a vital asset to have! A personal injury attorney in Brooklyn can ensure that you get the largest compensation owed to you after any type of accident.

There are five common reasons people choose to work with attorneys after becoming injured in a crash. Could an attorney be right for you?

Why People Hire Personal Injury Lawyers

Personal injury lawyers help accident victims take on the task of filing an insurance claim and pursuing a fair settlement or lawsuit, if necessary. Accident victims who are in pain can rely on an experienced lawyer to handle these complex tasks. Just as you rely on a tax professional to help file your taxes, you can rely on a personal injury lawyer to help you get the best possible result from your claim.

Lawyers are Expert Negotiators

An experienced injury accident lawyer will know exactly what to say when discussing your accident with the insurance companies involved. They’ll also step-in to negotiate for more compensation based on calculations they’ve made about the value of your injuries, property damage, and any pain and suffering you have endured. Without the lawyer’s expertise, you may miss out on a fair sum.

Lawyers Can Prove Liability for your Injuries

For a victim to receive compensation, it’s crucial to prove that the other driver was at fault for the accident. It’s often very difficult to do so without the help of an attorney. Without an attorney representing your interests, the accident case becomes a “he said, she said” scenario as the other party will try to shift the blame.

Your attorney will be able to hire accident reconstruction experts to recreate the moment you were injured. They’ll also be able to interview witnesses and the doctor who treated your injuries. Your lawyer will first start by gathering your medical records and the police report taken at the scene. It may be challenging to gather all this information yourself while you’re recovering.

Lawyers Can Calculate the Value of your Injuries

Personal injury lawyers in Brooklyn use their experience to accurately gauge the value of your case. You may be entitled to compensation for several losses, depending on the severity of the collision. Your attorney will seek the maximum compensation for:

  1. Lost wages and lost earning potential
  2. All medical bills associated with the accident
  3. Property damage
  4. Loss of consortium
  5. Pain and suffering

Brooklyn Accident Lawyers Who Will Go to Court

One additional reason people trust personal injury lawyers with their accident claims is the fact that they prepare your case to go to court, if necessary. When the insurance companies simply won’t give in to reasonable demands, the next step is to litigate your accident in front of a jury.

At Cellino & Barnes, our Brooklyn personal injury lawyers are fully knowledgeable and prepared to go to court to fight for the compensation you deserve. We have over 60 years of experience fighting for the rights of injured victims throughout New York and will not take a fee until we win your case. Contact us at any time for a free consultation or complete our contact form.

Cellino & Barnes (800) 888-8888

Client Thanks

I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.

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