Have you been seriously injured by a defective product?
The law allows victims in particular cases to be compensated if injured as a result of a defective product. The manufacturers, as well as those involved in the chain of commerce, can be liable for damages. They may have to pay you money damages for your pain and suffering, medical bills, lost wages and more.
Thousands of people are injured or die each year due to poorly designed or manufactured products. These products include machines, automobiles, insulation, tools, pharmaceuticals, medical devices and household products.
New York and federal product liability laws hold manufacturers and distributors of dangerous products responsible for injuries and deaths resulting from their use.
Manufacturers have a duty to design and manufacture products that are safe for their consumers to use. They are also required to warn consumers of any potential problems related to their product. When a manufacturer creates an unsafe product, or when the manufacturer or distributor fails to inform consumers that a product might be dangerous, the manufacturer is liable for resulting injury or death.
A product is considered defective if it is unreasonably dangerous to the ordinary user. Strict liability holds a manufacturer or seller of a defective product responsible for the resulting injuries or death regardless of fault or intention. There are three primary categories that make a product defective:
- Design Defect: A product has a design defect if the design of the product is unsafe.
- Manufacturing Defect: A product has a manufacturing defect if the product’s design is sound, but the method of making the product is dangerous.
- Warning error: If a product does not have sufficient instructions or warnings about its use and you are injured. As a result, the product has a warning defect.