A dangerous product lawsuit, also known as a product liability lawsuit, is a legal action taken against a manufacturer or seller of a product that causes injury or harm to a consumer. To win a product liability lawsuit, the injured person must prove that the product was defective and that the defect was the cause of their injury. A New York product liability lawsuit may be brought under three theories: negligence, strict product liability, and breach of warranty. A product liability lawsuit may be based on a flaw in the manufacturing of the defective product or on the defective design of the product, which may include a failure to warn of the dangerous condition of the product.
What Types of Defects Can Cause Injuries?
Design defects occur when a product is inherently dangerous, regardless of how it is manufactured. Design defect product liability cases involve a product that is inherently dangerous or defective due to a flaw in its design. It’s important to note that in these cases, the manufacturer or seller of the product can be held liable for any injuries or damages caused by the design defect, even if they were not negligent.
Manufacturing defects occur when a product is made improperly, deviating from its intended design. Manufacturing defect product liability cases involve a product that is defective because of an error during the manufacturing process. There also may be a product liability claim for failure to warn users of a product’s dangers.
What Is a Design Defect?
A design defect refers to a flaw in the design of a product that makes it inherently dangerous or defective, while a manufacturing defect refers to an error that occurs during the production process that results in a specific unit or batch of the product being defective.
Design defects are present in all units of a product line because the flaw is inherent in the design of the product, which means that all products produced will have the same defect. For example, a car with a design defect that causes it to roll over easily in a crash, all of the cars manufactured will have this defect.
What Is a Manufacturing Defect?
A manufacturing defect refers to a problem that occurs during the production process, such as an assembly error, that results in a specific unit or batch of the product being defective. For example, a batch of pacemaker that malfunction due to an error during the assembling process, only that batch will be affected.
The following are examples of manufacturing defect cases: In these cases, the manufacturer or seller of the product can be held liable for any injuries or damages caused by the manufacturing defect, if it can be proven that the product was not manufactured in accordance with industry standards or that the manufacturer or seller were aware or should have been aware of the defect.
What Is Failure to Warn?
A failure to warn product liability case involves a product that does not have adequate warning labels or instructions, or a failure to provide adequate information about the potential risks and hazards associated with the product.
Here are some examples of failure to warn product liability cases:
- Pharmaceuticals: A drug manufacturer fails to provide adequate warning labels or information about the potential side effects of a medication.
- Industrial equipment: A machinery manufacturer fails to provide adequate warning labels or instructions on the proper use and maintenance of a machine, resulting in an injury to an operator.
- Power tools: A power tool manufacturer fails to provide adequate warning labels or instructions on the safe use of the tool, resulting in an injury to the user.
- Chemicals: A chemical manufacturer fails to provide adequate warning labels or information about the potential risks associated with the use of a chemical, resulting in injury or illness.
- Outdoor equipment: A manufacturer fails to provide adequate warning labels or instructions on the proper use of outdoor equipment such as chainsaws, lawnmowers, or trimmers.
In these cases, the manufacturer or seller of the product can be held liable for any injuries or damages caused by the lack of adequate warning labels or information, if it can be proven that the manufacturer or seller were aware or should have been aware of the potential risks and hazards associated with the product.
Should I Contact a Lawyer if I Am Injured by a Product?
Yes. There are important and complex issues that need to be evaluated related to how the accident happened, who may be at fault, and what deadlines exist to bring a claim. In order to successfully file a lawsuit, the injured person must show that the product was used in a reasonable way and that the defect existed at the time the product left the manufacturer’s control. It is important to preserve any evidence of the product and document any injuries or damages sustained, and lawyers will help with this process.
If you are injured by a product, you should consult with an attorney who has experience in handling product liability cases. They can help you understand your legal rights and options and guide you through the process of filing a lawsuit. The personal injury attorneys at The Coppola Firm have decades of experience representing people who have been injured. We are conveniently located in suburban Amherst, New York, with a ground floor office, close, free parking, and easy office access. Our lawyers will come to meet you at your home, office, or hospital, or via call or videoconference to minimize your need to travel, if you like. The lawyers at The Coppola Firm represent people across the State of New York. Speak to a Buffalo product liability lawyer about your case today by calling (716) 839-9700 or filling out the online contact form.
