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Product liability claims in New York

We rely on certain goods and products to get us through life. Examples include food, medicine, household appliances, cars, and personal computers. Unfortunately, these are all items that injure and even kill thousands of people in the U.S. every year. When this happens, the manufacturers and producers must be held liable for the damages.

When you are severely injured by a product that was reasonably deemed safe for use, there are different claim avenues you can pursue.

Defective product design

If a product caused injury because the design was defective, then you can file a claim against the manufacturer if they should reasonably have known about the defect and been able to foresee that the design could contribute to the serious injury or death of the product user. Examples of defective design include:

  • Children’s toys that come apart easily and cause a choking hazard
  • Cribs and other baby furniture that can trap and injure a child
  • Defective car tires that blow out easily
  • Rollover-prone vehicles

When a design defect becomes known, the Consumer Product Safety Commission will usually fine the manufacturer and then order a recall of the product in question.

Defective manufacturing

Manufacturers are also liable for poorly manufactured products. By law, they are required to test all products they produce to ensure that-

  • The item is safe to use
  • It will function as designed

If there are potential risks associated with product use, then the manufacturer must warn consumers and provide clear directions for using or operating the product safely. No injury, illness, or death should result from using the product as directed. When the manufacturer fails to deliver appropriate instructions and warnings, they can be held accountable. Common violations include lead in children’s toys, overly flammable clothing, and bicycles that have a serious crash hazard.

Negligent marketing

Negligent marketing occurs when consumers are not warned of certain dangers associated with product use.  This includes failure to:

  • Adequately warn of risks and dangers
  • Provide sufficient instructions for the safe use of a product

When a product’s design contains an inherent risk, or there are foreseeable dangers that can arise from unintended usage, the manufacturer must provide a warning, even if that risk applies only to a particular type of user.

If you are injured because a manufacturer did not deliver a safely designed or manufactured product or, at the very least, failed to warn you of foreseeable dangers associated with use, then contact a New York personal injury attorney who can help you hold them accountable for their negligence. When consumers are hurt by their misplaced trust in a manufacturer, they are entitled to compensation, and your attorney will see to it that you get the award or settlement you need. Jayson Lutzky is a Bronx, NY personal injury attorney who handles defective product cases. If you were injured due to a manufacturer’s negligence, then set up a free consultation with Mr. Lutzky. You may be entitled to compensation for your injuries. Call 718-329-9500 and visit www.MyNewYorkCityLawyer.com to learn more.

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