Our New York product liability attorneys fully understand the dangers of product design defects. When purchasing a product released for public use, it is reasonable to assume the product has undergone extensive safety testing before sale. We rely on the designers, manufacturers and branding companies to produce a product free of dangers, one that is properly labeled and functions effectively across all spectrums of reasonably foreseeable use. When products fail to function as advertised due to a defect, accidents can occur and cause serious injury.
Our product liability attorneys at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP believe that a manufacturer, distributor and retailer are responsible when a product malfunctions. You deserve monetary compensation to cover any medical expenses, future or past income loss, as well as pain and suffering. Our lawyers can help you secure fair compensation for your claim.
What Are Some Examples Of Product Design Defects?
The simple failure of an ignition switch in a car can cause a multi-vehicle accident, leaving many in critical condition. A mislabeled heater left near a window panel can cause a fire throughout numerous apartment buildings. A defective power tool can lead to a loss of fingers.
Our product liability attorneys have handled various cases of product design defects and can help you take the appropriate legal action after suffering the adverse effects of a dangerous or faulty product. A small mistake can lead to widespread tragedies. When you file a product liability claim, you may unwittingly be saving another’s life by preventing that product from inflicting similar harm in the future. A successful product liability suit can lead to banning or recalling defective products from the market.
What Are The Dangers Of A Design Defect?
Product design defects can cause:
- Loss of Limbs
- Fires Or Explosions
- Respiratory Distress
How Are Products Determined To Be Defective?
To determine whether a product as marketed was reasonably safe or unreasonably dangerous, an analysis is performed from the perspective of a reasonable person with knowledge of the product’s potential for injury. The person must balance the product’s risks for injury against its utility and costs, and compare that with the risks, utility and costs of an alternative design. If, after performing this analysis, a reasonable person would conclude that it was feasible to design the product in a safer manner using an alternative design, then the product is deemed defective. Put another way, if the design defect had been known at the time of manufacture, and a reasonable person would have concluded that the product’s utility did not outweigh its risk, then the product is defective. Our product liability attorneys can evaluate your case and help you secure fair compensation if you have been injured due to a defectively designed product.
Who May Be Liable In A Product Design Defect Claim?
Any entity involved in the chain of distribution for a defective product may be liable for injuries caused by the defect. Potentially liable parties include the manufacturer, distributor and retailer of the product. The purpose behind strict product liability doctrine is to spread the risk of loss caused by defective products away from the innocent user and to the entities in the distribution chain who stand to make a profit from its sale.
Who Can File A Defective Products Claim?
A consumer or product user who is injured due to a defective product may bring a product liability claim. To prevail, you must show that the product was inherently defective as of the time it left the custody and control of the manufacturer, supplier or retailer, and that the defect caused the injury or damages.