On behalf of Smiley & Smiley, LLP posted in Defective Products on Tuesday, May 9, 2017.
When you buy a product, you expect that it will work properly and pose no risks to you when you use it as directed. Sometimes, though, products are produced that are defective. When used as directed, they could pose a risk to you. Defective products fall under the category of product liability, which, according to the New York State Bar Association, is the responsibility of the manufacturer to ensure its product is safe for consumer use.
If you do buy a product that is defective, you can sue the manufacturer. You have to prove that it was not safe or something was wrong with it and that the company is at fault for any damages that occurred. You have three main options in court. You can sue for negligence, breach of warranty or strict products liability.
Negligence is when the manufacturer put a product on the market that when used correctly as directed would pose a risk to the user. A breach of warranty is basically when a product does not do what it is stated or implied by the manufacturer that it will do. Strict products liability is when a product is defective and caused you injury.
Generally, a product can be defective if it does not operate as intended, it has a design or manufacturing flaw or the manufacturer did not place proper warnings on a product so that you were unaware of possible risks of using it. This information is only intended to educate and should not be interpreted as legal advice.
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