We are all consumers who enjoy buying new things. It may be something small and inexpensive, or it may be something that we have had to save our money to purchase—or even to pay off over time.
What happens when that item you bought actually turned out to be unsafe and caused serious injuries or death to you or a loved one, even though the product was being used in the way it was supposed to be used?
That is what products liability law is all about. The manufacturer, distributor and/or retailer can all be held responsible and required to compensate the injured person (or the family of someone who died) for all damages caused because the product was defective or unreasonably unsafe.
The law of products liability–where a defective or unreasonably dangerous product has caused injuries or death– involves the following:
- The product must have had a defect that made it unsafe and which actually was the cause of the injury or death;
- The product, at the time when the injury took place, must have been used for the purpose and in the manner in which it was intended to be used;
- The product must not have been altered or modified by the consumer or user in such a way as to make it unsafe or dangerous.
It is also important to know that the person who is hurt or dies may make a claim even if that person did not actually purchase the product or even if the injured party was a bystander while someone else was using the product at the time of injury.
There are a number of different ways a product can be unsafe or dangerous—a design defect, a manufacturing defect, or in some instances, a failure to properly warn about dangers that were inherent in the product but could not be avoided.
The law applies to any product that causes injury or death including:
Household appliances
Automobiles and trucks
Trash Compactors
Work machinery
Cranes
Prescription medications
Airplanes
Toys
Cribs
It is important that the product (and all parts of the product) be saved and preserved after an accident when someone is hurt. In addition, it is important that you consult an attorney so that an early investigation can occur as well as consultation with an expert to determine the merits of the case.
Sanocki Newman & Turret, LLP has been successful in handling cases involving a truck that exploded due to a defective battery; an unsafe glass teapot that broke, spilling scalding water on a child; a defective pot where the handle broke spilling hot liquid on the person holding it, automobile design defects, and more.
Should you have questions or require assistance, please call Sanocki Newman & Turret, LLP. (212) 962-1190.