New York Personal Injury Attorneys Standing Up to Makers of Dangerous Products
The New York personal injury attorneys at Dupée & Monroe, P.C. take on some of the most complex types of personal injury and wrongful death cases, including injuries caused by dangerous or defective products. From household products to automobiles to defective drugs and medical devices, our lawyers protect consumers from dangerous product defects and fight to make sure they are compensated when harmed.
Generally speaking, there are three different ways in which a product may be considered defective: there may be a design defect, a manufacturing defect, or a failure to warn.
design defect – a defect in the design may cause an automobile to rollover in a collision or sharp turn, and cheap materials may allow the roof to cave in. Placing the fuel line too close to the electrical wiring can cause a car to explode on impact. A household iron or a power tool designed without an automatic shut-off may be considered defective, as well as a child’s toy with small parts that present a choking hazard. When a design defect is present, all the units produced are potentially dangerous.
manufacturing defect – substandard materials, faulty machinery or human error in the manufacturing process may produce one, dozens, or thousands of defective units of a product which may fail at a critical moment, causing serious personal injury or wrongful death.
failure to warn – consumer products should contain adequate instructions and safety warnings to enable their safe use. Some household cleaners and chemical solvents, for instance, should only be used in well-ventilated areas, with safety goggles and gloves, and should not be mixed with other chemicals. Warnings and instructions should be easy to see and easy to understand. Products with missing instructions or inadequate warnings may be considered defective.
The Law Provides Many Theories to Hold Manufacturers Liable for Defective Products
Under products liability law, it is usually not necessary to prove that the manufacturer was negligent, only that it allowed a defective product into the stream of commerce which later caused an injury. Some products and activities are inherently dangerous or ultrahazardous, such as blasting that may occur on some construction projects. Responsible parties in these areas are held strictly liable for injuries. Other products may come with express or implied warranties, and lawsuits can proceed under breach of warranty theories as well as negligence.
We Stand With You and Stand Against the Corporate Giants
Corporations have been known to accept the risk of producing dangerous products, fighting legal battles and paying settlements rather than investing the money to make their products safer. Sometimes, litigation is the most effective means to get the attention of the product maker and the public and force corporations to change their behavior before others are harmed. At Dupée & Monroe, P.C., our products liability lawyers work to make sure your voice is heard and that you are fairly compensated for the harm done to you. In New York, contact Dupée & Monroe, P.C. if you have been harmed by a dangerous product.