Every day, hundreds of new products become available for consumers across the entire country. When a manufacturer offers a new product, they automatically take on the responsibility of the injuries, deaths, or damages resulting from the use of their products.
This is an extremely serious matter affecting countless New Yorkers, which is why it Is crucial for distributors, suppliers, manufacturers, and retailers to test their products thoroughly before they are offered and to provide detailed and accurate instructions on how to use and maintain the product.
Although nearly any type of product can cause injury or death to a consumer, some of the most common products susceptible to lawsuits are:
– Defective vehicles
– Defective batteries (often in cellphones, hover boards, and e-cigarettes)
– Defective machinery
– Defective cranes
– Defective medications
– Defective power tools (often saws)
Manufacturers Responsibility in New York Product Liability
Having use and maintenance guidelines for each product can drastically protect manufacturers from product liability, but they’re not always enough. If a defective product injures you or someone you know, it is essential to consider all the factors that contribute to a good product liability case.
To begin with, consumers should only use products as they are intended to. If they are not using a product correctly and injury or damage occurs as a result, manufacturers could use this against the consumer to argue that it was their own fault.
Therefore, a consumer will need to establish that the product was being used in accordance with the provided guidelines from the manufacturer. Consumers then have the opportunity to file claims in most jurisdictions against a product on the basis of negligence, misrepresentation, or breach of warranty.
What Constitutes Product Liability
A product liability suit can be filed in three scenarios. Claimants can file due to a flaw in the manufacturing of a product, a failure to warn consumers of the danger, or if the product’s design is defective.
Product liability laws assume a seller’s assurance about their product to consumers is reliable. If a product does not hold to the expectations presented by the manufacturer, they are committing a breach of warranty. If a consumer is injured or killed due to negligence on the part of the manufacturer, they will need to prove the manufacturer is at fault.
Negligence includes a manufacturer’s failure to take appropriate steps during the design, production, and assembling of the product. This often involves rigorous product testing to ensure the product can withstand various temperatures, weather conditions, and other elements without failing. If the product fails to meet the claims presented, the manufacturer is in breach of warranty.
If a manufacturer is aware of a product issue and fails to disclose it, they can be held liable for misrepresentation. Quite often, manufacturers try to avoid being held responsible for failures by issuing small warning labels. For example, if vehicle coolant does not have a label on it stating that it is toxic and it causes an accidental poisoning, the manufacturer can be held liable for damage. The key to winning a product liability case is showing that you are unaware of an issue because of a false representation or a failure to disclose information with the product.
The final type of product liability is an actual defect in the manufacturing or the design. The term ‘design defect’ is often used to describe a product that has an inherent flaw that causes the product to be dangerous for consumers to use even if it is appropriately used. A car that catches fire in an accident due to a faulty wall in a gasoline tank is an example of this. Assembling a product incorrectly is another thing that makes a product defective. For example, car manufacturers can be held liable for vehicles if they include faulty parts that injure or kill someone in an accident.
Evidence in Successful Hazardous Product Claims
Generally, product manufacturers must meet three key requirements prior to offering any product.
- The manufacturer must remove any dangerous conditions from a product design if they are able to do so without destroying to product design itself.
- If they are unable to remove the danger entirely, the manufacturer must guard against dangerous conditions in the product
- The manufacturer must notify consumers of the dangerous conditions of the product if they can lead to injury or death.
Hazardous Products Claims Attorney in New York
Defective products can force injured individuals to pay extensive amounts of money to cover necessary medical procedures. Some individuals are forced to suffer for years and may be unable to work as a result of their injury. In New York City, a person injured by a product or the family of someone killed as the result of a defective product can file a product liability claim and seek compensation.
If a hazardous product has hurt you, it is crucial for you to preserve all of the evidence including the product itself, all manufacturer and product brochures and documents, and any findings from investigations about the product.
Having everything on hand when preparing your case will ensure you have the best chance of recovering compensation for damages. Contacting a lawyer experienced in handling hazardous product cases is an excellent first step for anyone injured by a product and our team of highly skilled, professional lawyers is available to answer any questions you may have.
Having a reliable legal representative available can help you collect evidence, make your claim, and present the best case possible in court.
Our team at Silbowitz, Garafola, Silbowtiz, Schatz & Frederick, LLP has helped clients close to twenty years obtain the compensation they deserve for being injured by hazardous products. Contact us today at (212) 354-6800 or 1-888-LAW-1744 for a free case evaluation.