A defective product can involve design, manufacturing, and marketing defects. Design defects can be traced back to the product’s original model. In short, a poorly designed product is innately flawed; even if the product was manufactured correctly, its original design could result in an injury or fatality. For example, a defectively designed automobile might have a weak roof, resulting in avoidable injuries or fatalities during a rollover accident. Similarly, a defective power tool or kitchen appliance might contain an inherent flaw that causes it to short circuit and electrocute the consumer. Our New York City personal injury attorneys are dedicated to helping victims of design defects recover the money they need and deserve. If you suffered an injury, Greenberg & Stein is the place to turn.
Like any personal injury claim or lawsuit, a successful product liability case revolves around the concept of “negligence.” In other words, you must be able to demonstrate that the designer created an unsafe product that caused your injury. Under the Uniform Commercial Code (UCC), § 2-314 and § 2-315, products must be fit for their purposes. If a product is not fit for its given purpose, it could result in a product liability claim or lawsuit.
In addition to demonstrating negligence, you must show an alternative design that could have prevented the injury. In other words, you must be able to show that your injury could have been prevented by a better design. For example, if the car’s roof was stronger, the passengers would not have suffered an injury in the rollover accident. Other possible design defects might include:
If you believe that your injury was caused by a poorly designed product, you may be entitled to financial compensation. Call Greenberg & Stein, P.C. for a free case evaluation to learn more about your legal options with our New York City product liability attorneys.