In the United States, we tend to be lulled into a false sense of security because of the stringent safety standards with regard to products that are manufactured or sold to consumers. While it is true that our safety standards are high, those standards cannot prevent all defective products from entering the marketplace. If you are injured by a defective product you may be entitled to compensation for your injuries. Only an experienced Queens product liability attorney can evaluate your specific situation and tell you if you have a valid defective product claim; however, understanding what the different types of defective product liability claims in Queens are is a good place to start.
Defective products fall under the area of the law known as product liability. Product liability, in turn, is a type of tort. "Torts" is the broad area of the law that addresses injuries to people or property. A product can be defective in one of three different ways - design defect, manufacturing defect, failure to warn. The following provides a brief explanation of each.
- Design defect - these defects are often referred to as "intentional defects", not because they are intentionally introduced into the product but because they are part of the actual design itself. For example, if the baby crib is designed in such a way that the design itself allows one side of the crib to slide down when it shouldn't, that would be a design defect. Because the defect lies in the design itself, all of the cribs produced with that design will be defective.
- Manufacturing defect - a manufacturing defect is a defect that is introduced during the manufacturing stage of the product. In our crib example, assume that the design for the crib side is safe; however, during the manufacture of some of the cribs the wrong slide mechanism is used, causing the side to slide down when it shouldn't. In a manufacturing defect, only a percentage of the product will have the defect - those produced during the time frame that the defect was introduced into the product.
- Failure to warn - some products cannot be made completely safe for consumers because of the inherent nature of the product. Household cleaners, lawn products, and insect killers are good examples. Products such as these require an adequate warning alerting consumers to the dangers inherent in the product. If the required warning is missing, it is considered a "failure to warn" defect.
If you believe that you, or a loved one, have been injured by a defective product in New York, contact the experienced attorneys at SIMON & GILMAN, LLP right away to discuss your legal options.