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Bronx Personal Injury & Real Estate Blog

Monday, November 16, 2020

What Is Product Liability?

Manufacturers and distributors of products owe consumers a duty to take reasonable measures to ensure products are safe for their intended use. When dangerously defective products enter the stream of commerce, unsuspected members of the public can be seriously injured. This is why the law provides a way for those injured by dangerously defective products to recover compensation for the harm they have endured and the losses they have sustained as a result of the product. This type of claim is referred to as a “product liability” claim.

What is Product Liability?

Product liability refers to a product manufacturer, seller or other entity in the distribution chain that is being held responsible for the role played in putting a dangerously defective product into the hands of consumers. A product liability claim may be based on three different types of product defects which led to a consumer being harmed by the dangerous product.

The first type of defect that can be found in a product liability claim is a defect in design. When a product has a design defect, it does not matter if it is perfectly manufactured to meet the precise vision of the designers. The flaw in the design means that it is defective from its inception.

The second type of defect that can be found in a product liability claim is a defect in manufacturing. With this type of defect, the product, due to an error in the manufacturing process, is defective because of how it was made, not how it was designed. The product may have been perfectly designed, but the manufacturing error is what makes it dangerous. Usually, a manufacturing defect will impact a batch of a product, but not all of the product that enters the distribution stream. Once the dangerous defect is discovered, however, the product will most likely be subject to a widespread recall.

The third type of defect that can lead to a product liability claim is when there is a defect in the warnings or instructions, or lack thereof, for a product. Consumers need instructions on how to properly and safely use a product. Failure to warn about possible dangers of the product should it be used in a way that a reasonable person would think it was intended to be used for can be a very dangerous oversight, indeed.

Defective products can lead to significant injuries and other losses. If you have been injured by a dangerously defective product, you may be able to seek compensation for the harm you have suffered, including compensation for:

  • Medical bills
  • Cost of future medical treatment
  • Lost income
  • Loss of future earning capacity
  • Property damage
  • Pain and suffering

New York Personal Injury Attorney

Product liability can be complicated and involve complex laws as well as detailed analysis of the product, its production, its distribution, and the specific circumstances that led to a consumer sustaining harm. If you have been injured by a dangerous product, get in touch with The Law Office of Ryan Goldstein. Contact us today.


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