New York manufacturers and sellers who construct defective products can be held liable for any injuries that occur as a result of those products. Such injuries could have been suffered by the actual purchaser, a user, or even a bystander. There are three main types of defects that a product can have.
Defective products with a manufacturing defect are strictly a result of the manufacturing process. The manufacturer did not follow the product design or intended labeling. An example of a manufacturing defect is if a jacket were not properly treated with fire retardant chemicals, and it ended up catching on fire.
Unlike a manufacturing defect, design defects are present in every product that comes off of the manufacturing line. The defect of the product that caused injuries was actually a problem with the physical design of the product. For example, a vehicle manufacturer may design anti-lock brakes. However, those brakes may lock up when they’re wet due to a design flaw. This means that every anti-lock brake system that was manufactured has the same defect because of its design.
Failure to warn defect
While consumers are expected to have a particular level of common sense when it comes to using products, non-apparent risk must be labeled in a transparent fashion for users. If a product manufacturer does not institute warnings on the product, the company can be held liable for any injuries that happen as a result of non-apparent causes.
If you’ve been injured by a product, you may be able to bring up a lawsuit against the product manufacturer. This only holds true if there was an actual defect in the product based on its manufacturing or its design or if it didn’t have proper warning labels. Due to the complexity of product liability cases, it’s a good idea to contact an attorney to help you with your case.