At Law Offices of William J. Maniatis, we believe that designers, manufacturers, and marketers of unsafe products should be held accountable for any injuries or losses caused by their products. Our New York personal injury attorneys use many tools to help you seek compensation, and some of our most important tools are the four theories of liability commonly used in defective product cases. Here is brief overview of the theories.

Breach of Express Warranty

Many products include some sort of written (“express”) warranty or guarantee. Such statements can be:

• On the products’ package or labeling
• In paperwork included with the product
• On marketing materials, like signs, at the store where you purchased the product
• In any form of advertising for that product

Breach of Implied Warranty

Even if the product you used did not come with an express warranty, that product may still be covered by implied warranties that were violated by the defect. An implied warranty is automatically applied to your product by law. The implied warranties in your case will depend on the product involved and the circumstances of its sale. Generally they come in two forms:

• Implied warranty of merchantability is a guarantee that a product is reasonably fit for the purpose for which it is sold. For example, if you purchased a pair of sunglasses without UV protection and therefore experienced eye damage, then the sunglasses did not perform the purpose for which they were sold.
• Implied warranty of fitness for a particular purpose imposes an addition obligation in cases where the seller knows how the buyer intends to use the product. For example, if you go to the hardware store asking for trimmers that can cut through up to one-half inch thick bamboo and you are injured while trying to use the weed trimmer you were sold on one-quarter inch think bamboo, then you may have a claim.

Strict Products Liability

Strict products liability is a quickly developing area of the law and varies significantly from state to state, but it is very reliable for claimants. Normally, a company will be held liable for product defects if they are found to be negligent in some way throughout the product’s design, manufacture, or marketing. But with strict liability, the company may be liable regardless of its precautions or preventative measures. So you do not need to prove that the company’s negligence in making or distributing the product, you only need to show that the product is defective and the defect contributed to your injury or loss.

Intentional Misrepresentation or Fraud

In some product liability cases, evidence may show that a company knew of a dangerous defect in a product and deliberately concealed the danger or marketed the dangerous product with deliberately misleading statements.

Products liability can be a complex area of personal injury and tort law. Some cases require scientific data and knowledge of the background laws, so it is best to contact an experienced lawyer if you think you have a claim. Click here or call the NY injury lawyers of Law Offices of William J. Maniatis today at (212) 248-5060 for a consultation.