At Law Offices of William J. Maniatis, one of our practice areas is New York product liability law. Here’s a quick overview of the evidence necessary for a good defective case.

If a product is defective this means that the product has a manufacturing error, a design defect, or inadequate warnings or instructions.

Manufacturing Error

• Usually, claiming that there was an error in the fabrication of a product is easy to demonstrate because it will be visible. For example, if a teapot developed a crack during its manufacture.

Design Defect

• If you claim the product was made perfectly, but from a flawed design, you may have a more difficult time of proving the design caused your injury. You will need to show that the danger created by its design was unreasonable. For example if an error in the design of an electric blanket causes electrocution, then you could have a case. But if you cut yourself with a new bread knife, you may find it difficult to argue a design flaw.

Inadequate Warnings or Instructions

• If you can prove that a product’s inherent danger is not obvious to the ordinary consumer, liability may depend on whether the manufacturer or supplier provided sufficient warning and instructions to reduce the chance of injury or damage. For example, if you burned your skin because you were using a paint-removing chemical without gloves, then you may have a case if you can prove that the manufacturer or supplier did not provide a warning label stating the harmful effects of the chemical or an instruction to wear protective clothing or equipment.

Finally, in order to have a defective product legal case, the defect must have caused you injury or property damage while the product was being used with reasonable common sense. This means that if you were using that electric blanket near a swimming pool and that is how you were electrocuted, then you probably don’t have a claim. If an ordinary consumer would not use the blanket while sitting next to a pool, then the manufacturer is not required to make the blanket’s design safe for that purpose.

However, this does not mean that the way you were using the product when you were injured must conform exactly to the manufacturer’s specifications. For instance, if you were cut because the blade snapped off of the new bread knife while you were cutting a potato, you likely have a valid claim.

To find out more about product liability cases, click here or call Law Offices of William J. Maniatis today at (212) 248-5060 to speak with an experienced NYC personal injury lawyer.