Defective Products and Drugs

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Our Brooklyn accident lawyer believes that designers, manufacturers and marketers of unsafe products should be held accountable for any injuries or losses that are caused by their products.

Designers, manufacturers and those who sell products to consumers have an obligation to ensure that their products are safe for use and do not pose unreasonable risks of harm to consumers. There are several types of product liability actions.

Design Defects:

Design defect products liability cases arise where there is a problem with the design of a product such that the design was negligent or careless.

When it comes to the designing of a product, the product designer must follow a risk protocol. This protocol is as follows: once a safety hazard that could foreseeably result in injury or death is identified, the hazard should be designed out of the product, so long as designing it out of the product does not defeat the utility of the product.

If the safety hazard is unable to be designed out of the product, it should be guarded against.

If the safety hazard cannot be guarded against, then adequate warnings must be placed on the product so that consumers using the product are made aware of the safety hazard involved with using the product.

Manufacturing Defects:

In a manufacturing defect products liability case, it is the manufacturing of the product that was negligent or careless. This can often involve quality control issues, such as carelessly failing to inspect the parts of a product being assembled, using the wrong parts, using defective parts, or not including necessary parts of a product as it was designed.

Such manufacturing errors can result in a defective product that can result in injury or death to the user of a product or even persons around the user of a product.

Failure to Warn:

In a failure to warn products liability case, the claim arises where a product is being used as was intended and there are either non-existent warnings or inadequate warnings regarding the safety hazards of a product which were either known to the manufacturer or in the use of reasonable care should have known to the manufacturer, and which the user of the product would not ordinarily discover on their own.

This is often the case in pharmaceutical litigation. Defective drug cases often involve the failure to warn individuals taking the drug of known health risks or health risks which the manufacturer should have discovered in the use of reasonable care, and issued a warning to the consumer, who would have no reason to know that there was a problem with the drug.

The attorneys at Law Offices of William J. Maniatis have experience handling products liability cases and will provide a FREE consultation with no obligation or cost to you. If you believe you have a case involving any of the following, contact us today to discuss your case.

If you or someone you know has been injured as the result of a defective product or drug, the attorneys at Law Offices of William J. Maniatis are here to help.

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DRUGS/PRODUCTS



Design Defects:

Design defect products liability cases arise where there is a problem with the design of a product such that the design was negligent or careless.