What Is Product Liability?
When products are defective or poorly designed, they have the potential to injure or even cause death to a consumer. New York law requires that all manufacturers warn the public of potential danger if certain products are used improperly. However, product liability lawsuits are often filed because consumers continue to suffer severe injuries due to manufacturer negligence. In the worst cases, poor product design may even result in death.
These tragic injuries and deaths are often preventable. If manufacturers had provided adequate warnings or instructions on how to properly use their products, fewer people would fall victim to their negligence. If you or a loved one has been hurt or killed by defective products, you may be entitled to financial compensation for your injuries, medical expenses, lost wages, and pain and suffering. Contact our office at (914) 368-7168 for expert legal counsel.
Common Types of Product Liability Lawsuits
Product liability lawsuits are filed in civil court. The common allegations regarding product liability are defective design of a product, manufacturing flaws, and a failure to warn. A product liability lawsuit can include one, two, or all three of the allegations.
Defective design.
Defective design means that when the product was designed, it was flawed in a way that could cause an injury once it was manufactured and placed into the hands of the consumer. Designers and manufacturers have a legal obligation to create safe products. Because they should be experts regarding their product, they should know whether their design is defective. When it is defective, it is a form of negligence. If the dangerous condition cannot be corrected, the product should include a proper warning.
Manufacturing flaws.
Manufacturing flaws occur when a problem happens during the time that the product is made. Think about automobile car recalls. One of the main reasons they occur is because of a manufacturing flaw. The material that was used during the manufacturing process may not be as strong as it should be. Other manufacturing flaws include breach of warranty and violations of strict liability. Those aren’t the only grounds for manufacturing flaws. Every manufacturing flaw allegation has its own set of elements that must be met.
Failure to warn.
When a product is considered reasonably dangerous, the manufacturer has an obligation to warn the public of any danger that exists. The warnings must be considered adequate under state law. It is presumed that the manufacturer knew or should have known about the danger.
Product Liability Defendants
Manufacturers aren’t the only defendants that may be named in a product liability lawsuit. Companies who supply materials may also be named if their materials were defective in some way. Sometimes, the company that sells the defective product may also be named as a defendant.
Hurt by a Defective Product? Call Us Now.
If you or someone you love was hurt or killed because of a defective product, you may be eligible to receive financial compensation for injuries, medical care, lost wages, loss of consortium, and pain and suffering. To learn more about whether you may be entitled to compensation, call our product liability lawyers today.
