For a free consultation with a personal-injury attorney in New York, call Jaroslawicz & Jaros, PLLC at 212.227.2780. In the meantime, read on to learn if your claim falls under one of the three product liability categories:
- Defectively Manufactured Products
The most common product liability claims involve defects that occurred during manufacture. There are countless ways that a product can be defective, but you have to prove conclusively that the manufacturing defect is responsible for your injury. Examples of defective manufacturing include:
- A new teakettle with a hairline crack along its base.
- A cracked chain on a children’s swing set.
- A flawed batch of prescription drugs that contains poisonous substances.
- A bicycle without brake pads.
- Defectively Designed Products
Sometimes, defective products enter the market because of a problem with the design. You will need to show that the product’s design was defective or inherently dangerous. In most of these cases, the entire line of products becomes suspect because the design itself is the problem. Some examples of a defective design include:
- A car with a tendency to stall at high speeds.
- Sunglasses that offer no UV protection.
- Electric blankets that electrocute users when switched to high.
You will need to prove that the design defect caused your injuries. For example, if another vehicle rear-ends you because your car stalled in fourth gear, you need to show that you crashed because the car stalled and not because the other driver was negligent or speeding.
- Inadequate Instructions or Warnings
It is a company’s responsibility to provide consumers with instructions regarding how to use their products, and packaging must warn them of any potential hazards. The law requires products to carry highly visible warnings. Examples of failure-to-warn include:
- Pressure cookers packaged without warnings about burn hazards near the steam valve.
- Medications that fail to warn of potential side effects when combined with other drugs.
- Corrosive chemicals sold without sufficient instructions for use, safe handling or storage.
As with the other two categories, you must provide evidence that the lack of warning or instruction resulted in your injuries. For example, if you buy a chemical that explodes in your garage, you must prove that the company failed to warn you of potential explosions or failed to provide you with adequate instructions for storage. Understanding the categories for product liability claims will help you classify your case and present it properly in court. To find out if you have a valid claim, call Jaroslawicz & Jaros, PLLC today at 212.227.2780. An experienced personal-injury lawyer can answer all of your questions about product liability cases.
