Product Liability and Defective Products

Dangerous Products:

Holding manufacturers responsible for injury and death

As consumers, we use countless numbers of different products. We assume that the products we use are safe and reliable when used as directed. Unfortunately, thousands of people are injured or die each year due to poorly designed or defective products. These products include automobiles, insulation, tools, pharmaceuticals, medical devices and household products. New York and federal product liability laws hold manufacturers and distributors of dangerous products responsible for injuries and deaths resulting from their use.

At Lozner & Mastropietro, in Brooklyn, our attorneys have successfully recovered compensation for our clients in complex and challenging cases involving product liability. A lawyer from our practice will be happy to answer your questions or evaluate your personal injury or wrongful death claim related to the use of a dangerous or defective product. Please contact our office to make arrangements for a complimentary consultation.

Product Liability: Statistics

• The U.S. Consumer Product Safety Commission (CPSC) reports more than 22,000 deaths and 29 million injuries related to consumer products each year.
• Dangerous and defective products cause over $500 billion in deaths, injuries and property damage annually.
• The U.S. Consumer Product Safety Commission advises that there are 200 to 300 product recalls each year.

Manufacturers have a duty to design and manufacture products that are safe for their consumers to use. They are also required to warn consumers of any potential problems related to their product. When a manufacturer creates an unsafe product, or when the manufacturer or distributor fails to warn consumers that a product might be dangerous, the manufacturer is liable for resulting injury or death.

A product is considered defective if it is unreasonably dangerous to the ordinary user. Strict liability holds a manufacturer or seller of a defective product responsible for the resulting injuries or wrongful death, regardless of fault or intention. There are three primary categories that make a product defective:

• Design defect: A product has a design defect if the design of the product is unsafe. For example, if a tire is designed in such a way that it explodes every time the heat index hits 100 degrees, it has a design defect.
• Manufacturing defect: A product has a manufacturing defect if the product's design is sound but the method of making the product is unsafe. For example, if a chair is designed well but is missing a leg that is called for in the design, it has a manufacturing defect.
• Warning defect: If a product does not have sufficient instructions or warnings about its use, and you are injured as a result, the product has a warning defect. For example, if you buy a child's car seat and it does not come with the proper instructions and warnings, and after you install the seat incorrectly, the child gets hurt, the seat has a warning defect.

Resources:

To learn of recent recalls, see the Consumer Product Safety Commission: http://www.cpsc.gov/

To learn more about product safety, see the Food & Drug Administration: http://www.fda.gov/

At Lozner & Mastropietro, in Brooklyn, New York, our lawyers are dedicated to helping victims and families of victims injured by defective products recover compensation and to seeing that dangerous products are removed from the market. If you or a loved one has been injured or killed as a result of a defective product or you simply need more information, please contact us at 718-615-0044 or click Tell Us About Your Case.

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Frequently Asked Questions: Product Liability and Defective Products