Product Liability

Palumbo & Kosofsky

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Michael Palumbo & Mark Kosofsky
Representing New Yorkers in Products Liability Case


If you have been hurt by a defective product such as an automobile, equipment, boiler, elevator, stove, faulty wiring or electrical devices, toaster, bug bomb explosion, or children’s toys, cribs, or car seats, you need the dedicated team of Palumbo & Kosofsky fighting for you.  Call now 24 hours 1-800-323-3266.

What is a Product’s Liability Case?

A product is considered dangerous in that the physical injury resulted from some type of product defect. For a products liability lawsuit the injured party must prove that the product had either a:

  • Defective design
  • Failure to warn (of possible hazards)
  • Manufacturer defect
  • A design defect means that the product was designed in such a way to make it unusually dangerous. An example of that would be the air bag cases of the early 1990’s. A manufacturing defect means that the product was otherwise safe but something went wrong in the manufacturing of that particular product which caused an injury. Many products are inherently dangerous, such as a snow blower, but safe when used properly. A failure to warn case turns on whether a dangerous product gave the proper warnings in digestible fashion for the consumer to safely use.

A word about Bug Bombs

A “bug bomb,” also called total release foggers, is an insecticide in a spray can which fills a room by locking the spray nozzle open and the can empties. The spray nozzle is locked in position so the can empties and fills the room with the pesticide. While the can warns the user to turn off any flame source, the problem is that these aerosol cans use a highly flammable propellant. When there are explosions they can be severe, often knocking down walls and causing catastrophic burns and injuries. There have been cases where chemical experts have testified that a non-flammable water based propellant could have been used so that the fogger would not have been explosive. This testimony has led to settlements for the victims personal injuries.  

If you have been injured by an insect bomb, fogger, or spray, please feel free to call today toll free 1-800-323-3266. A knowledgeable products liability attorney stands ready 24 hours a day to provide you with a free, no obligation consultation.

Toaster Ovens and Injuries from Fires

A toaster oven offers more uses than the traditional toaster. But they are among the most hazardous of any common household appliance. While similar to the large, built in ovens, a toaster oven does not have many of the safety features. They can reach very high temperatures in a short period of time and collect food particulate that falls through the grate onto the burner. Because of the excessive heat and the design of the toaster oven fires can and do occur, especially on older models.

If you have been a victim of a defective toaster oven and need legal representation, contact Palumbo & Kosofsky today toll free 24 hours at 1-800-323-3266 to speak with a knowledgeable toaster oven accident attorney.

New York Defective Snow Blower / Snow Thrower Attorneys

When a snow blower has been built defectively the injuries can be devastating. For example, in 2006 MTD Manufacturing recalled Craftsman, Troy-Bilt, and Yard Machines snow blowers that were sold between July 2004 and March 2006 because the Consumer Product Safety Commission warned about defective wheel rims were causing serious injuries to people across the country. The plastic wheel rims suddenly break, injuring the people using them. These included broken bones and deep cuts. Health problems include infection, heavy bleeding, hospitalization, deformities, pain and suffering. Despite the recall, they remain in common use across the country. If you own a snow blower, check as soon as possible to see if it is one of the affected models.

If you have been a victim of a defective snow blower / snow thrower and suffered a serious injury you need legal representation. Michael Palumbo & Mark Kosofsky today toll free 24 hours at 1-800-323-3266 to speak with a knowledgeable snow blower / snow thrower accident attorney.

New York Dangerous Child Crib Injury Lawyer

cribIf an infant’s crib is poorly or defectively designed it can cause serious injury or death to the child. When this you may have a legal right to damages from the company responsible for manufacturing or selling it. New York City crib injury attorney Mark Kosofsky is dedicated to helping children and families fight against product negligence. Contact him at 1-800-323-3266 today.

Common crib manufacturing problems include slats too far apart, a corner post that is too short, no lead paint coat, improperly designed headboards that snag a babies limb or clothing, or a design that does not adhere to Consumer Product Safety Commission safety standards. 

If your child has sustained an injury because a defective crib design or lack of adherence to safety standards the manufacturer may be legally liable. Child crib injury lawyer Michael Palumbo can help protect your child’s legal rights. Call toll free 1-800-323-3266 24 hours a day for a free no obligation consultation to learn more.

Bronx Lawyers for Injuries to Children from Dangerous Toys

Unfortunately, innocent young children suffer from injuries and fatalities due to dangerous toys at an alarming rate. If your child has suffered serious injuries because of a dangerous or defective toy, contact Palumbo & Kosofsky toll free at 1-800-323-3266 24 hours a day for a free no obligation, dangerous toy legal consultation.

Hazardous toys that a manufacturer would be legally obligated to compensate for when they cause serious injuries to children are cases where the toy contains lead and / or lead paint, has too many sharp edges, poses a strangulation hazard, made of flammable materials, and causes a choking hazard.

If your child suffered serious physical injuries such as disfigurement, paralysis, head injury, bone fractures, burns, other types of serious physical trauma you may be able to recover monetary compensation to help pay for your child’s injury related expenses. Contact Palumbo & Kosofsky toll free at 1-800-323-3266 24 hours a day for a free no obligation, legal consultation.

New York City Faulty Boiler Injury Lawyers

Faulty and improperly installed furnaces, boilers and other types of heaters can be responsible for creation of unhealthy levels of carbon monoxide gas. When landlords fail to take steps necessary to protect their tenants, they may be responsible for injury or death.  As New York City and Bronx County personal injury lawyers, we are well versed in the building codes and maintenance issues unique to carbon monoxide poisoning cases.

Boiler explosions are caused when the boiler can no longer hold the excessive pressure built in the boiler. This is often caused by a faulty or failed pressure relief valve. Such explosions can completely destroy a building. Boilers also explode when there is a failure to purge combustible gases from the firebox before ignition is attempted, or when a fuel valves leaks. When the low water safety mechanism fails and the boiler continues running without water that will also lead to a melt down or explosion.

In a boiler liability case, the manufacturer as well as the property owner, manager, and maintenance company may all share in some of the blame. To contact the NY boiler injury attorneys at Palumbo & Kosofsky, call toll free 1-800-323-3266 24 hours a day.

Toyota Issues Recall to fix sudden acceleration incidents


On February 24, 2011, Toyota Motor Corporation issued a recall of 2.17 million to retrofit accelerator pedals that could become entrapped in floor mats or jammed in the carpeting. This was prompted by an investigation by the Federal National Highway Traffic Safety Administration, which reviewed more than 400,000 pages of Toyota documents and determined that the scope of the recalls for pedal entrapment was sufficient.

Toyota has now recalled more than 14 million vehicles to fix gas pedals and other safety problems since 2009. NHTSA has received approximately 3,000 reports of sudden acceleration incidents involving Toyota vehicles during the past decade, which included 93 deaths. Toyota received intense scrutiny from the when four people were killed in a high-speed crash involving a Lexus near San Diego.


pedal test

U.S. regulators and transportation officials tied the problems to mechanical defects and "pedal misapplication", in which the driver stepped on the accelerator instead of the brakes.

Heeding to customer complaints, Toyota upgraded its safety technology by installing on new cars brake override systems that automatically cut the throttle when the brake and gas pedals are applied simultaneously. Toyota also created engineering teams to examine vehicles that are the subject of consumer complaints.

The models that are subject to recall are:

  • 4Runner SUVs from the 2003-2009
  • RAV4 compact SUVs from the 2006-2010
  • Lexus LX 570s from the 2008-2011
  • RX 330, RX 350 and RX 400H vehicles from the 2004 through early 2007
  • 2004-2006 Toyota Highlander SUVs and hybrid versions
  • 2006 through early 2007 GS 300 and GS 350 all-wheel drive vehicles

If you own a Toyota or Lexus vehicle subject to recall, you can call Toyota at (800) 331-4331 or Lexus at (800) 255-3987 for more recall information.


If you or a loved one was seriously injured or killed in a Toyota or Lexus sudden acceleration incident, call New York State and Brooklyn, NY auto acceleration Liability Lawyers Mark Kosofsky and Michael Palumbo today toll free at 1-800-323-3266. You always get a knowledgeable attorney on the phone at


Automobile Car Seat Heaters Have Been Causing Serious Burns


Burn treatment doctors and safety advocates have reported that car seat heaters have severely burned dozens of drivers and passengers. The majority of the victims are paralyzed or otherwise disabled, and due to their pre-existing medical conditions often don't realize the car seat heaters are burning them until it’s far too late.

The temperatures of automobile car seat heaters can reach 160 degrees, while the maximum temperature recommended by doctors is 105 degrees, as car seats that reach 120 degrees can quickly cause third-degree burns.


While there have been recalls since for vehicle seat heaters that were a fire risk, there have yet to be any for a car seat heater that exceeds human tolerance. Many investigations by the National Highway Traffic Safety Administration were closed without recalls because there was no risk of ignition, despite the fact that dozens of people have been severely burned by seat heaters. In response to being asked about the NHTSA’s position, Sean Kane, spokesperson for the advocacy group Safety Research and Strategies had this to say: “A seat heater that gets hot enough to scorch the seat has a defect and should be recalled.”

Safety advocates such as Sean Kane have joined burn treatment doctors such as David Greenhalgh in urging the NHTSA and the Alliance of Automobile Manufacturers to treat hot seats as a defective. They are recommending that car seat heaters are disconnected for those with lower body sensory deficits, that a maximum temperature for auto seat heaters be set, and that the auto manufactures install timers that automatically turn car seat heaters off.

Car Seat Heater Burn Victims and Their Stories


Cynthia Becker has been a paraplegic since a 1988 car crash. On Christmas day 2005 she suffered third-degree burns from the seat heater in her 2001 Cadillac Eldorado. Already a breast cancer patient, she had to lie on her side until May of 2006 as she recovered from a mastectomy and surgery on the burns across her backside. Two more surgeries on the burns followed. Tests performed on the seat heater by Engineering Design and Testing of Kansas showed the seat heater reached 115 degrees after 20 minutes while on low and from 124 to 150 degrees on high.

David Pruessner, paralyzed after an all-terrain vehicle accident, was burned across his thighs. He didn't know he was burned until he saw that a hole had burned in the car seat when he got out. Pruessner sued the auto manufacturer, Volvo, and recently settled out of court.



Peggy Stephenson, paralyzed from the waist down, was a passenger in the front seat two hours and wound up with third-degree burns. She was in a rental car and did not know that the car seat heater was on. Nor were there any warnings from the auto manufacturer, Ford, that those with spinal cord injuries can be burned if the automobile seat heater is used for a long time.

If you or a loved one was seriously burned by an automobile car seat heater, call New York City and Bronx, New York car seat heater Liability attorneys Mark Kosofsky and Michael Palumbo today toll free at 1-800-323-3266. You always get a knowledgeable attorney on the phone at


Looking for a New York attorney?

New York injury lawyers Michael Palumbo and Mark Kosofsky have represented many clients that have been seriously injured in accidents.  If you or a loved one has been injured, harmed or killed by a defective product you need a legal team with knowledge and experience in complex cases. The case must be thoroughly investigated and pursued against sometimes numerous and various manufacturers, component part makers, and distributors of the product. Because of the expensive to litigate such a case, we only accept cases when the injuries are devastating or catastrophic. Call today 1-800-323-3266 for a free, no obligation consultation.



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Personal injury lawyers Michael Palumbo and Mark Kosofsky have almost 30 years combined experience to get you the money you need. You can call us toll free 24 hours a day / 7 days a week 1-800-323-3266 and you will always get an attorney on the line for a no cost, no obligation consultation. Job accident attorneys NY, Injured at work, Disabilty, Liability, Malpractice, work related accident, workmans comp, workmens compensation. Unlike many other law firms, our attorneys go to you, be it in a hospital, your office, or your home.


Win That Case is brought to you by the Law Office of Palumbo & Associates, P.C. serving all of New York City and New York State, their principal office is located at 1600 Harrison Avenue, Suite 306, Mamaroneck, NY 10543

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