Answer: A manufacturer has a duty to test and inspect its product and to avoid any unintended dangers by properly manufacturing and assembling its product. If the manufacturer breaches this duty and you are injured as a result, then the manufacturer may be found negligent for its manufacturing process. For example, a product must be manufactured in conformity with the manufacturer's own specifications for the product, and if the specifications are not met, the manufacturer may be negligent if someone is injured because of this flaw.
Question: What is a design defect?
Answer: Even if a product is properly made and there are no problems with the manufacturing process, a manufacturer may still be liable if they are found to have defectively designed the product and someone is injured as a result of this defective design. For example, if the manufacturer did not design a safe product or did not incorporate the state of the art technology in their design, such as certain safety features, even though they know of the harm that could result in not including such a safety design, then they may be responsible if you were injured as a result. Usually you must show that there was some other safer and more feasible design available, which the manufacturer ignored or chose not to use in the design of its product.
Question: Can a manufacturer be liable if they fail to have adequate warnings attached to their product?
Answer: Yes, a manufacturer may be liable if you are injured by their product if they failed to provide any warnings to you about the risks or dangers with using the product. Also, a manufacturer may be liable if they provide you with inadequate warnings that do not address some specific danger or they do not effectively communicate some piece of information about the danger.
Question: What if the Seller of a product makes certain warranties about the product, which are not true and you are injured as a result?
Answer: The seller of the product may be liable for both breach of “Express Warranties” and breach of “Implied Warranties” that the product is safe for a particular purpose or is of merchantable quality.
The breach of an “Express Warranty” is when the seller has made promises about its product or warrants or guarantees the product and the buyer relies on these promises when buying the product. If you are then injured because the product failed to live up to these warranties or guarantees, then the seller may be liable to you for your injuries. For example, if an auto manufacturer warrants that their vehicle is crashworthy and it proves not to be in a collision and you are seriously injured as a result then you may have a breach of warranty action against said manufacturer.
There are also certain “Implied Warranties” a seller may breach that they may be responsible for, such as the breach of the “Implied Warranty of Merchantability” or the breach of the “Implied Warranty of Fitness for a Particular Purpose”. If the seller knows at the time he sells you the product the particular purpose for which it is being purchased and the buyer relies on the skill and judgment of the seller and you are later injured while using the product for its intended purpose, then the seller may be liable to you for your injuries.
Question: What should I do if I am injured as a result of a defective product?
Answer: First and foremost, seek immediate medical attention for your injuries. If the injury occurs at work, report the injury to your supervisor, so that they may investigate and comply with all necessary OSHA standards.
It will be necessary to restrain the product. No one else should use it or alter it from the condition that it existed in immediately after your injury. This is necessary because at some later date the product will need to be tested and inspected by an expert to see if there was some type of a design or manufacturing defect or lack of adequate warnings attached to the product. If you have been hurt as the result of a defective product, consult an attorney immediately so that he or she may take whatever actions may be necessary to restrain the product and ensure that it is not disposed of, which may involve seeking a Court Order.
If possible, document the name and type of product, its make, model and serial number, name of manufacturer and list any warnings or labels attached. If you purchased the product, save the receipt to show when and where you purchased the product. Keep any manuals or instructions which came with the product. All these things may be important to properly pursue a product liability case against the manufacturer of the product.
Question: How long do I have to bring a claim for injuries that resulted due to a defective product or inadequate warnings about the product?
Answer: In New York State, as in most states, there are certain periods of time in which you have to commence a lawsuit. This is commonly known as the “Statute of Limitations.” If you do not commence an action within the applicable Statute of Limitations, you may be forever barred from bringing an action and recovering for your injuries. The Statute of Limitations may vary depending on what type of personal injury you have sustained. Therefore, it is imperative that you consult with an attorney as soon as practicable after your accident, so he or she may advise you as to any statute of limitations that may apply to your particular case.
