When we go to the store and buy a product, most of us don’t think twice about whether the product is safe. We usually assume that if a product can be sold to the public it’s been regulated or tested to ensure it’s safe. Unfortunately, for one reason or another, a defective product sometimes will slip through the cracks. On occasion, the defective product then injures someone. When this occurs, the injured person may be able to bring a claim to recover money for her injuries.
There are a few different ways in New York to make a claim for an injury caused by a defective product. When you contact a lawyer, she will help you determine whether you have a claim based on a design defect, manufacturing defect, or a marketing defect. Here’s the basics on each of those possible claims:
Design defect: You might have a design defect claim if you were injured by a product that’s dangerous because of the way it was designed by the manufacturer. One example of a design defect is a product that has a jagged or sharp edge in a place that you wouldn’t expect. Suppose, for example, a children’s toy that, by design, includes a concealed sharp edge. The toy likely has a design defect, because it has the ability to injure the user.
Manufacturing defect: You might have a manufacturing defect claim if a product has a safe design, but it’s dangerous because an error during production. In these types of claims, the injured person must be able to prove that the product she was injured by was not built to specifications.
Marketing defect: Under New York law, manufacturers have a duty to warn consumers about dangers that can happen from using a product for either (1) its intended purpose or (2) an unintended, but foreseeable, purpose. An example of a marketing defect claim might occur when the instructions for a product fail to properly warn the user about a danger that can arise from using the product.
Defective product claims can be tricky, and this post provides only a broad overview of how they work. If you or someone you love has been injured by a defective product, contact us. Our team of experienced attorneys is here to help you.
