Our New York and Westchester County Personal Injury attorneys have extensive experience in handling products liability cases. When a consumer is injured by a dangerous or defective product, the consequences can be devastating and these types of personal injuries are a tragedy because theyare often preventable if the manufacturers would comply with basic quality assurance procedures.
NEGLIGENCE IN MANUFACTURE
There are numerous reasons a product can be dangerous, defective or unreasonably dangerous. A product can be defectively manufactured or defectively designed. In a defective manufacture case, typically, the cause is either a substandard material or poor workmanship. In general manufacturers and retail stores are responsible to compensate their customers who sustain injuries because of products that were not manufactured in accordance with the manufacturers specifications or if the product malfunctions during its normal and expected use and the consumer gets injured.
There are also warranty causes of action in defective products cases. In general if a good or product falls below the average quality that a product is supposed to conform to or would not pass as acceptable in the trade or profession in which the product is manufactured or sold, a breach of the implied warranty of merchantability has occurred under New York’s uniform commercial code. Common examples in which our New York product liability personal injury lawyers have been involved includes cases involving foreign objects in food cases, such as dead insects, rodents and even in one case a hypodermic needle. Other examples of cases in which our New York product liability personal injury lawyers have been involved include failures of saws, ladders, pumps and other machinery where a premature failure of a part or component has occurred, which evidences poor use and selection of materials and inadequate workmanship.
A substandard product which does not conform to the manufacturer’s own representations also breaches the express warranty. These cases often involve failures of products which are warranted to be of a certain industry defined grade, rating or specification. Common examples in which our New York product liability personal injury lawyers have been involved includes wood or metal which is represented by the retailer to be of a commercial grade or metal and which fails when it is used within the manufacturer’s specifications.
FAILURE TO WARN CASES
A product can also be unreasonably dangerous if the product has dangerous propensities and the manufacturers do not post explicit and conspicuous warnings of the dangers. Common examples of cases in which our New York product liability personal injury lawyers have been involved includes machinery which can ignite when it comes into contact with certain fluids, medication has certain side effects which were not disclosed and other cases in which products function in unforeseeable ways when presented with certain situations.
Our New York personal injury lawyers remain dedicated to protecting the New York City metropolitan areas’ consumers. Our products liability attorneys are vigilant in protecting New York’s consumers including those injured in New York City (Bronx, Manhattan, Queens and Brooklyn), Westchester, including the towns of White Plains, Rye, Scarsdale, Yonkers, Mamaroneck, Elmsford, Mount Vernon, Bronxville, Ossining, Port Chester, Greenburgh, New Rochelle, Irvington, Tarrytown, Sleepy Hollow, Valhalla, Mount Pleasant and Mount Kisco. From our Manhattan and White Plains offices our New York products liability and accident lawyers are ready to protect the public.