Albany, NY asked in Personal Injury for New York

Q: : hit the button to stop my SUV liftgate (hatch). But it closed and smushed me. I have injuries, concussion, neck & back

The gate was closing and the button didn’t work and kept closing me in on it. Manual states that if I hit button it will stop. It further states that if it detects something it will stop. It did not stop and my head was smushed between gate and taillight - I have a small cut on my head from it

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2 Lawyer Answers
Michael Bersani
Michael Bersani
PREMIUM
Answered
  • Auburn, NY
  • Licensed in New York

A: Product liability cases are extremely expensive. Your lawyer (if you find one willing to take your case) will have to hire an expensive engineer to study the cause of the failure. Your injury is not worth the cost. Generally, products liability cases have to be significant, serious injuries, to be financially viable. If you really want to pursue this matter, be sure to preserve the evidence. Don’t destroy or change anything.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: I agree with Mr. Bersani that product liability cases can be expensive to prosecute. In many instances, those who suffer injuries from a defective product may form a class of plaintiffs. This results in the high cost of technical experts and engineering investigations to be spread out among a group of claimants. Good luck

Tim Akpinar

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