New York Defective Product Attorneys

Certain products would never have come into existence were it not for defective product liability lawsuits. Baby safe cribs, child safe caps and garage door sensors all came about because of consumer product liability lawsuits. In many cases, death, injury or litigation is the inspiration for certain inventions. The New York defective product attorneys of Levy Phillips & Konigsberg are here to represent you in a consumer product liability lawsuit.

A product must meet the ordinary expectations of the consumer; if there is an unexpected defect or a failure to provide an appropriate safety warning, then the product fails the test of ordinary expectations. Consumers assume that a product has been tested and is safe, but it is the manufacturer’s responsibility to make this assumption true. It is the manufacturer’s duty to not only test for safety, but to warn the consumer of any risks that cannot be designed out of the product. The consumer product liability law permits any injured person to file a lawsuit and recover damages if he or she is injured by a defective product.

Product defects fall into three categories:

  • Design defects – Inherent flaws that make a product dangerous.
  • Manufacturing defects – Flaws that result from defective parts or manufacturing errors.
  • Marketing Defects – Inadequate warnings and instructions, or the willful misrepresentation of how a product should be used.

When a product defect does occur responsible parties may include the manufacturer, designer, sub-contractor, wholesaler, and dealer who sold the product.

If you have suffered personal injury or property loss from any of the following products, you may be entitled to compensation:

Airbags
When an air bag fails deploy or to operate properly, it is defective. Many times, the injuries sustained by an improperly deployed airbag are greater than those that might have resulted from the accident itself.

Airplanes
If you have suffered injury due to an air crash, the pilot may not be at fault. Sometimes the fault rests with manufacturers, parts makers, maintenance operators, ground crew or fuel suppliers.

All-terrain Vehicles
Failure to provide adequate warnings or safety training is a common problem among sellers of these types of vehicle, which are routinely plagued with problems.

Auto Tires & Rims
Blowouts, tread separation, and sidewall failure may be indications of manufacturing and materials defects.

Automobiles
Improperly designed parts, defective components, deceptive marketing, and fraud perpetuated by mechanics are possible factors that may contribute to automobile accidents and incidents.

The following is a list of items and components that have been known to be susceptible to defects, and have given rise to legal action:

  • Brakes:
    • Catastrophic failures;
    • Overheating;
  • Gas Tanks:
    • Spontaneous fire from faulty electrical and fuel tank components;
  • Child Safety Devices:
    • Child Seats;
    • Cribs;
  • Escalators and elevators;
  • Household Products;
  • Propane Tanks;
  • Sports Utility Vehicles.

For more information, please call 212.605.6200 or submit an email inquiry (see form above).

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