Home 2017-10-23T11:43:42+00:00

Who May be Liable in a Product Liability Claim?

When someone is injured by a defective product, they may be able to make a product liability claim. Product liability can be based on defective design, defective manufacturing, or a failure to warn about the hazards of using a product. Sometimes it can be difficult to determine who to hold liable for injuries caused by a defective product. Under the theory of strict liability, any party in the chain of commerce may be held liable in a product liability claim. This includes:

Manufacturer

The chain of commerce usually begins with the manufacturer of a product. It may seem obvious that the manufacturer would be liable for a defective product because it is the entity that created and built the product. The manufacturer is primarily liable for the injuries caused by the product. However, it’s not always just the manufacturer of the actual product itself that can be liable. Manufacturers of any defective component parts of the product may also be held liable for injuries. Manufacturers can include anything from large multinational corporations down to someone who has put together a product in their garage.

Distributor

Between the manufacturer and the retailer are a number of “middlemen.” This includes any wholesalers, suppliers, or distributors of the product. They can all be held liable for a defective product.

Retailer

Even though they only sell a product, a retailer may be held liable for injury caused by a defective product on their store shelves. Retailers are responsible for selling products that are safe and will not cause harm to their consumers and can be held liable under the theory of strict liability. Under a negligence product liability claim, a retailer can be held liable if they sold a product that they knew or should have known, contained a defect. An example of this would be if a product were recalled due to a defect, but the retailer continued to sell it.

You do not have to be the direct purchaser of the product to hold a retailer liable for an injury. Even if the product was given to you as a gift or you bought the product used (assuming it wasn’t altered in any way by the previous owner), the retailer can still be responsible.

Contact an Experienced Attorney

If you’ve been injured by a defective product, you should contact an experienced attorney to evaluate your case. At Bonina & Bonina, P.C., we have over 50 years of experience helping injured New Yorkers. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.

Dram Shop Laws in New York

Dram Shop Laws in New YorkWhen someone is injured by an intoxicated person, it may not be the intoxicated person alone that is liable for the injuries. In some cases, the business or person who served the intoxicated person alcohol can also be held liable.

What is a Dram Shop Law?

A “dram shop” is, in essence, an establishment that serves alcohol. Dram shop laws impose potential liability on these businesses for the sale of alcohol to people who are visibly intoxicated, or minors, who subsequently cause death or injury to someone else. (more…)

The Long-term Effects of Childhood Sexual Abuse

The Long-term Effects of Childhood Sexual AbuseVictims of childhood sexual abuse can experience devastating long-term consequences that require years of treatment. These effects can manifest themselves psychologically as well as physically. This is especially true for individuals who have waited a long time to come forward about their abuse and have not sought treatment. Some of the long-term effects of childhood sexual abuse can include: (more…)

The Importance of the Child Victims Act “Look Back” Provision

The Importance of the Child Victims Act Look Back Provision

Passage of the Child Victims Act in the New York legislature is an important victory for survivors of childhood sexual abuse. It extends the statute of limitations in child sexual abuse cases to the age of 28 in criminal cases and age 50 in civil cases. Another important part of the new law is the one-year look-back provision. This provision allows a one-time only opportunity for victims who would otherwise not be able to pursue claims against their abusers because of the statute of limitations. The look-back provision faced significant opposition from religious and civic organizations. (more…)

Resources for Victims of Child Sexual Abuse

Resources for Victims of Child Sexual Abuse

Childhood sexual abuse can leave a survivor with deep scars. The mixture of confusion, shame, anger, and depression can take decades to work through. Childhood sexual abuse is far too common, and unfortunately, many survivors never come forward. Survivors shouldn’t have to suffer alone. If you are a survivor of childhood sexual abuse whether it was at the hands of a family member, a teacher, a coach, a clergy person, or another trusted individual there are resources available to get you the help you need. (more…)

What #MeToo Has Done for Child Sexual Abuse Victims

What MeToo Has Done for Child Sexual Abuse

In 2017, after accusations of sexual abuse against film producer Harvey Weinsteincame to light, the #MeToo movement against sexual harassment and sexual assault went viral. The hashtag spread across social media and included attempts to highlight the prevalence of sexual abuse and sexual harassment. Tens of thousands of people have tweeted and published their #MeToo stories which involved every aspect of society including the entertainment industry and politicians. (more…)

RECENT

CATEGORIES