Consumers should be able trust that the products they purchase are safe when used as designed. Unfortunately, consumers are often injured by common products and devices they use every day. Automobile seat belts and air bags fail to operate. Automobile gas tanks may catch fire or explode. Machinery and power tools used by workers fail and cause injuries. Defective chairs and ladders can collapse. Household products, toys, equipment, medical devices and even medications can be designed or manufactured with defects that pose dangers. The list of potential defective products is nearly endless. Sometimes the failure of these products causes significant injuries or death.
Dangerous & Defective Product Lawyers in Syracuse
Products liability is the area of law that requires designers, manufacturers and suppliers to pay for injuries to consumers caused by defects and hazards in the products they market. The purpose of products liability law is to ensure that the costs of injuries resulting from defective products are borne by the parties who place such defective products on the market.
To speak with a product liability lawyer at DeFrancisco & Falgiatano, call 315-479-9000 today to set up a free initial consultation.
There are different theories on which a products liability action may be based: negligence and breach of warranty are the most common. A negligence theory looks to the reasonableness of the defendant's conduct. A manufacturer must exercise reasonable care in designing, manufacturing, inspecting and testing its products. Manufacturers and sellers must also exercise reasonable care to warn of dangerous conditions. If a consumer is injured by the failure of a manufacturer or seller to exercise reasonable care in discharging the above responsibilities, they may be held liable under a negligence theory.
Breach of Warranty
A products liability suit may also be based on a breach of warranty. This type of liability is based upon contract law. In sales contracts there are express and implied warranties. When these warranties are breached, an injured party may recover damages resulting from the breach. Disclaimers are often included in sales contracts and on the fine print of labels and documents included with the product.
Dangerous & Defective Product Case Results (a few examples)
$1,000,000 settlement for defective product
$700,000 settlement for a defective product
Types of Defective Products
The injured party may prove that a product is defective from any of three types of defects: design defects, manufacturing defects and "failure to warn" defects.
Design defects arise during the product design phase, or before the product is manufactured. In this situation, every product of that model or type is usually defective. A product has a design defect if a foreseeable risk of harm could have been reduced or eliminated by using another feasible design and the failure to use this alternative design caused the product to be unsafe.
A manufacturing defect exists if there are mistakes or problems during the production phase of a product. Many of the products which come off the assembly line may be safe, but other products come off the same assembly line with a defect. The manufacturer may be held liable for failing to detect the defect before the product reaches the consumer.
Failure to Warn
The third type of case is a defect that is caused by a failure to warn of a product danger. These cases typically involve a product that may be safe if used in one manner, but hazardous if used in another foreseeable manner. In these situations, the product should include clear, visible, and concise warnings explaining the danger and its consequences. If the product lacks a reasonable warning, the product is defective.
Injured by a Defective Product
The lawyers at DeFrancisco & Falgiatano Personal Injury Lawyers have extensive experience in representing individuals and families injured by defective products. Our lawyers have received multiple awards and recognition in their field of representing injured families such as the Multimillion Dollar Advocates Forum, Super Lawyers, and Top 1% Trial Counsel for Medical Malpractice, among others. If you believe your family has a case, you can rest assured that our lawyers have the experience and expertise you deserve. Consultations are always free and you are never responsible for attorney fees unless we can recover compensation for you. Please feel free to contact us for a free consultation or if you have any questions about a potential case.