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There are many different ways in which a product may be defective, and there are several legal theories under which one may bring a lawsuit against the maker of a defective product.
Design Defect – One must show that the product was not properly designed and that it was placed on the market despite the risks and dangers it carried. You may also have to show that there was a feasible alternative design the manufacturer could have used that would have made the product safer.
Manufacturing Defect – This means the product is defective because it was not manufactured as designed. Showing how other samples of the product performed correctly compared to the unit which caused your injuries is one way to show the product was defective.
Failure to Warn – Manufacturers have a duty to warn against dangers that could occur from foreseeable uses of the product that the maker either knew about or should have known about. This can include a foreseeable use that is not what the product was originally made for, such as an off-label use of a drug or using a screwdriver and hammer together as a chisel. Warnings must be easy to see and understand and adequately warn of dangers.
Breach of Express Warranty – Any affirmation of fact or promise which forms part of the basis of the bargain creates an express warranty that the product will perform according to the promises made. This may be a written warranty or oral promises made by the salesperson, if those promises are relied on by the consumer in making the purchase.
Breach of Implied Warranty – Every product sold comes with an implied warranty that it is of merchantable quality and reasonably fit for its intended purpose.
Strict Products Liability – Some products or activities are considered ultrahazardous or inherently dangerous, and their users can be held strictly liable for any damages caused by the product or activity, regardless of the level of care they exercised. Examples of activities carrying strict liability may include using dynamite in construction, mining, or other blasting operations; storing or transporting explosives or gasoline; and fumigating apartment buildings.
Our office handles personal injury and wrongful death cases arising out of all types of product liability theories, including defective products such as consumer goods and construction equipment, automobiles and their component parts, drugs and medical devices. If you have been injured by a product defect, contact Leandros A. Vrionedes, P.C. in New York City for a free consultation.