Products Liability Attorneys in New York, NY

Manufacturing Defects

A manufacturing defect focuses on problems that occurred during the manufacturing process which make the product unsafe to use. Under this products liability claim, there is no issue with the design, but the product has become faulty during the manufacturing and assembly in the plant. Here, not all products are inherently defective. It is possible that only a batch of the products are defective due to the manufacturing issue.

Design Defects

Design defects, on the other hand, are defects inherent in the product itself. The original design of the product makes it inherently unsafe to use. Under this products liability claim, all products with that particular design are defective. In New York, to prove this defect, the plaintiff must show that:

• The product was not reasonably safe due to the substantial likelihood of harm;
• It was feasible to design the product in a safer manner; and
• That the defect was a proximate cause of the injury sustained.

In determining whether the design is defective, the court uses the risk versus utility test, using the following factors:

• The utility of the product to the individual user and the public as a whole;
• The likelihood of injury;
• The availability of a safer design;
• The manufacturer’s costs in relation to a safer design; and
• The plaintiff’s level of awareness of the potential danger of the product.

Marketing Defects

Marketing defects occur when the product does not include adequate warning labels or directions regarding usage. When the product does not include instructions on how to use the product properly and as a result, such incorrect use leads to injury, there may be a products liability claim.

The manufacturer’s duty to warn refers to:

• Latent dangers resulting from foreseeable uses of the product of which it knew or should have known; and
• Dangers arising out of unintended uses of the product that are reasonably foreseeable.

Warnings should sufficiently communicate the user regarding the specific hazard, the magnitude of the hazard, and how to avoid the hazard. Experts also debate regarding how big the warning letters should be, whether it should be in bold type, in red or black, and whether it should contain an exclamation point at the end of the warning.

Who are Liable in a Products Liability Claim?

All persons involved in the supply chain may be impleaded as defendants in a products liability claim. This includes designers of the product, manufacturer for the different parts of the item, assembly plants who put the product together, distributors who sell items to noncompeting end users, and retailers that carry the product in their stores.

What is the Liability in a Products Liability Claim?

Products liability claims usually involve strict liability. The manufacturer or producer is strictly liable, regardless of whether they exercised due care and they were not negligent in the production or manufacturing of the product, for as long as the product’s design is proven to be defective.

Other Causes of Action that Product Liability Attorneys Can Prosecute

Aside from a strict products liability claim, a plaintiff can raise negligence and breach of warranty as additional causes of action against manufacturers and sellers. Under negligence, the plaintiff has to prove that the manufacturer failed to exercise reasonable care in making the product or in inspecting or testing the product.

Need for an Expert Witnesses

Products liability claims almost always involve an expert witness. The expert witness can testify on the existence of a design, manufacturing, or marketing defect, and that the defect caused the injury.

Products liability claims are a specific field of personal injury law that requires experience and experience. Should you need assistance in this matter, we at the Law Offices of Albert Goodwin can help. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].