New York Defective Product Attorneys

A product must meet the ordinary expectations of the consumer; if there is an unexpected defect or a failure to provide an appropriate safety warning, then the product fails the test of ordinary expectations. Consumers assume that a product has been tested and is safe, but it is the manufacturer’s responsibility to make this assumption true. It is the manufacturer’s duty to not only test for safety, but to warn the consumer of any risks that cannot be designed out of the product. The consumer product liability law permits any injured person to file a lawsuit and recover damages if he or she is injured by a defective product.

Product defects fall into three categories:

Design defects – Inherent flaws that make a product dangerous.

Manufacturing defects – Flaws that result from defective parts or manufacturing errors.

Marketing Defects – Inadequate warnings and instructions, or the willful misrepresentation of how a product should be used.

When a product defect does occur responsible parties may include the manufacturer, designer, sub-contractor, wholesaler, and dealer who sold the product.