Product Liability has become a larger concern as mass production and importation have continued to grow. With everything from socks to radios to food being mass produced in large quantities and shipped from all over the world, the opportunity for product defects have increased. Criminal and civil cases have increased over the years as well. One recent case over tainted peanut butter has resulted in a class action personal injury lawsuit and multiple jail sentences for company executives.
Product Liability falls under the umbrella of Personal Injury Law. There are three types of product liabilities that can lead to personal injury through negligence.
A manufacturing defect is a fault in a product that was caused during the making of the product or by the use of certain components during manufacturing of the product. Whether a bolt wasn’t screwed in right on a bike or tainted produce was used in the making of a prepared food product, there are many different things that can go wrong during the manufacturing process. Most of the time, a manufacturing defect is due to the use of poor materials.
A design defect is a flaw in the idea or blueprint of a product. For example, if an electric heater doesn’t feature a shut off valve or some mechanism to recognize when it’s been tipped over, they could potentially face personal injury lawsuits from people who have been burned or had their houses catch fire due to poor design. It is generally easy to note whether a product has a design defect. It will either not meet rational customer expectations for the product, or it is clearly dangerous.
A marketing defect is when a product maker fails to disclose information about a product. Let’s say a certain face wash can’t be used in conjunction with a certain chemicals in a face moisturizer or else a chemical reaction will occur, causing burns. Failing to note this information or to advise consumers on proper use can result in personal injury due to the company’s negligence. The product may be wonderful on it’s own, but failure to disclose important information can be harmful to consumers.
If you’ve been harmed because of a product, whether the product was poorly made, poorly designed, or lacked adequate warnings, it is important to speak with a New York personal injury lawyer as soon as possible. By doing so, not only will you help hold the product manufacturers responsible for their faulty product, but you’ll also help ensure other people aren’t hurt. There is a statute of limitations for personal injury cases in New York, so it’s important you seek out a New York personal injury law firm as soon as possible. A reputable firm will offer a free consultation to help you decide whether you have a case and provide you with more information moving forward. You aren’t alone in dealing with product liability issues. Let a New York personal injury lawyer help you better understand your options.