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The Basics of a Defective Product Case

Written by
Abraham Jaros
|
Updated on Tuesday, Nov 7, 2023

Here in New York City, electric bikes have been the source of over 200 fires. Many of the batteries present in these bikes are defective, prone to exploding and catching fire when charged too long. The very nature of e-bike rental all but guarantees that nobody is really monitoring the length of time these bikes are being charged, leading to tragic results.

When we buy or use products, we expect them to be basically safe to use, as long as they’re used properly. For example, you don’t expect your washing machine to catch fire when you go to wash a load of clothes. Unfortunately, sometimes manufacturers release dangerous products out of negligence or greed.

New York is a strict product liability state. Manufacturers, wholesalers, distributors, and retailers who sell products in defective condition are liable for injuries resulting from the product. Any product that is unreasonably dangerous for its intended use when it leaves the seller’s hands may create liability as a result. New Yorkers may also make claims when the manufacturer or seller is simply negligent, or when the product fails to fulfill warranty claims.

There are several types of defective product cases.

Defective Design of Product

You have a defective design case when there’s a problem with the initial design of the product. No product that’s created off of that design will be without the flaw. Companies are supposed to test their products before releasing them to the public.

Manufacturing Defects

A manufacturing defect case arises when the design is fine, but errors are introduced during the manufacturing process. The final product is then completely dangerous. There may be problems with quality control, installation of safety feature, missing parts, faulty parts, contaminated food or medical products, or broken parts.

Failure to Warn

Some products can be inherently dangerous when used incorrectly. The manufacturer has a duty to warn customers as to how they should use the product in order to avoid injury. If they fail to do so and consumers get hurt, they are responsible for the resulting damages.

Get Help Today

As you might imagine, suing a major corporation for a defective product case isn’t easy. They don’t want to pay for your medical bills, lost wages, pain, or suffering.

You’ll need to move quickly in order to gather evidence and to beat the statute of limitations.

Save the product, the instructions, and the original packaging if possible, then contact us to get help today.

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Get the advice and guidance you and your family need

If you or a loved one has a been injured in an accident, contact us today for a free and confidential consultation. Call Jaroslawicz & Jaros in New York at 800.269.2780, or submit an online questionnaire. You can also email Abraham Jaros directly at ajaros@lawjaros.com, or call his personal cellphone at 917.842.9544.

Get the help you deserve

Contact us today and start your free consultation. You can also text or call Abraham Jaros directly at 917.842.9544 or email him at ajaros@lawjaros.com.

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