Product liability cases occur when a manufacturer or seller is held responsible for placing a defective product into the hands of a consumer. If a product injures you, your lawyer may try to claim negligence, breach of warranty, and strict liability. For a product liability case to arise, at some point, the product must have been sold in the marketplace. There are three types of product liability cases:
- Defective manufacture.
- Defective design of the product.
- Failure to provide adequate warnings or instructions concerning the proper use of the product.
Liability for a product defect could rest with any party in the product’s chain of distribution. Manufacturing Defects occur in the course of a product’s manufacture or assembly.
- The product manufacturer
- A manufacturer of parts
- A party that assembles or installs the product
- The wholesaler and
- The retail store that sold the product to the consumer
Most personal injury claims operate based on negligence, which is a type of carelessness administered by one party that results directly or indirectly in the injury of another individual. If strict liability applies, the plaintiff does not need to prove that a manufacturer was negligent but only that the product was defective.
According to FindLaw, under any theory of liability, a plaintiff in a product liability case must prove that the product that caused injury was defective and that the defect made the product unreasonably dangerous. Design Defects are something in the product’s design that is inherently unsafe and unreasonably dangerous to consumers.
To prove that it was feasible for the product to have been designed more safely, a court will weigh several different factors, including:
- The usefulness of the product to the public and the individual user
- The likelihood that the product would cause an injury
- The availability of a safer alternative design
- The ability to make the product safer while still making the product helpful and reasonably priced
- Whether the user of the product was aware that it was dangerous
- The power of the manufacturer to spread out the cost of the safer design
Failure To Warn
When a product is designed and released onto the market, the manufacturer is fully responsible for explaining its intended use to consumers. Manufacturers need to include detailed instructions, or they may be guilty of failure to warn. This includes how to assemble the product with safe tools, disclosing warnings about small parts hazardous for children of a certain age, and parental guidance. Many of the injuries that consumers sustain are because they did not use the product correctly. Marketing Defects are the laws in how a product is marketed, such as improper labeling, insufficient instructions, or inadequate safety warnings.
Avoid Unsafe Products
Manufacturers have an obligation to design reasonably safe products for consumers to use. They are careful to give proper warnings if a product is deemed dangerous or has risks. It is also up to the consumer to evaluate the product and make informed decisions before purchasing.
We Are Here To Help
Product liability cases are quite complex, so know your rights! Contact professional attorneys to represent you if a faulty or malfunctioning product has injured you or a loved one. At Edelman, Krasin, & Jaye, PLLC, we offer more than 60 years of combined experience. We have convenient office locations in Long Island, Brooklyn, and the Bronx, and we know how to approach these cases to get the results you need. Our firm is committed to bringing the compensation you deserve. Contact our New York offices by phone at 800-469-7429 to schedule an appointment. You can also contact us using our online contact form and our Live Chat application on our website to have your questions answered.