What is product liability?
Product liability refers to the liability of a manufacturer, distributor, seller or other party in the chain of distribution for injuries or damage caused by a defective product. Our lawyers have extensive experience with defective product cases. Partner Andrea Bonina has lectured on product liability throughout New York State.
What are some examples of types of defective products?
Defective products recalled because they caused death or serious injury in recent years include automobiles, children’s products and toys, household appliances and fixtures, construction job site machinery and home structure materials. When products such as these fail as a result of defective design or manufacturing defects, they can cause catastrophic injuries such as quadriplegia, paraplegia, brain injuries, limb loss and even wrongful death.
What are some examples of common defective product claims?
There are many types of defective product claims, however, the most common types of defective products that injure workers are defective power tools and defective machinery. The main ways that machinery and tools can be defective are: 1) by having unguarded moving parts that can pull workers into them resulting in degloving injuries and/or amputations; 2) by having inadequate emergency stop mechanisms that would allow workers to prevent serious injury if clothing or hands are being pulled into a machine; 3) by having inadequate or missing warnings that would make workers aware of the dangers of the product they were using.
What items should they keep and how should they document their claim?
If you are injured by a product, do not throw it out, sell it or alter it in any way. It is evidence, and a failure to properly preserve it could result in problems in any resulting lawsuit.
The Consumer Products Safety Commission reports that deaths, injuries and property damage caused by consumer products cost Americans more than $700 billion every year. If you or a loved one has been injured because of a defective product, talk to a product liability lawyer at our law offices in New York City.
We haves decades of experience in holding manufacturers accountable for dangerous and defective products, and have helped many victims and their families receive compensation for injuries caused by defective products.
Who is responsible for product safety?
The manufacturers, distributors and sellers are responsible for the safety of their products and for warning consumers of any dangers associated with those products. Products can be defective because of defects in design, defective manufacturing, incorrect or incomplete instructions, or failure to warn of dangers and/or failure to live up to a warranty.
How can manufacturers, distributors and sellers be held responsible?
Product liability is generally considered a strict liability tort. This means that under product liability law, a defendant can be liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care in designing or manufacturing the product. If there is a defect in the product that causes harm, the manufacturer or supplier may be found liable for it.
For more than 50 years, the law offices of Bonina & Bonina, P.C. has represented clients who have been injured by defective products. We have successfully held major corporations responsible for defects in design and manufacture, inadequate warnings and inadequate instructions.
If you or a loved one has been injured by a defective product, call 1-888-MEDLAW1 or click here for a free consultation so we can explain your options, and help you decide what actions you should take.