Whether it be cooking appliances in your home, the airbags and other components of your family vehicle, toys we give our children to play with or medical implants/devices (the list is broad and almost endless), American consumers have the right to expect that such products are safe for their intended uses. However, countless American consumers are injured every year due to unsafe products and, as such, might be able to commence a “Products Liability” lawsuit.
Product Liability claims generally fall into three categories: 1) defective manufacturing, 2) defective design and/or 3) failure to provide adequate warnings/instructions regarding proper use of the product.
Defective manufacturing generally pertains to flaws in the product when it is made at the factory, which renders the product different (and, therefore, dangerous in many circumstances) than other similar products on the shelf.
Defectively designed products generally pertains to entire lines of products that are inherently dangerous as a result of unsafe specifications to which the product was manufactured.
Failing to provide adequate warnings/instructions generally pertains to characteristics, parts and/or uses of products that can be dangerous in some way but may not be obviously to the consumer, thereby requiring an explicit warning/instruction.
With respect to who to sue in a Products Liability case, all parties in the “Chain of Distribution” may generally be sued. The Chain of Distribution normally refers to the path that the product takes from the manufacturer to distribution to consumers. The first party in the Chain of Distribution is the manufacturer of the particular injury-causing product, along with the manufacturer of any larger product it is part of. Included in the manufacturer should be any additional parties involved in the design and marketing of the product. The next parties in the Chain of Distribution are the retailer, wholesaler, supplier and/or distributor of the product, all of whom may be liable for placing a defective product into the stream of commerce.
If you, a loved one or a member of your community has been injured due to a dangerous or defective consumer product, please do not hesitate to call FARELLA MASCOLO PLLC at 212-287-1277 for a free consultation.
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