Adults and children are often injured by defects in products we use every day. Such products include: car and automotive components, construction materials and equipment, children’s toys, medical care devices and medicine, and other such ordinary products. Manufacturers are responsible for designing and producing safe products, and they can be held liable when they fail to do so.
If you have been the victim of a defective product in the NY / NJ metro area, the experienced product liability attorneys at Ginarte Gonzalez Winograd L.L.P., can help you get the justice you deserve. With over 150 years of combined experience, our personal injury lawyers have protected the rights of countless product defect victims in New York and New Jersey.
Call 1-888-GINARTE (1-888-446-2783) now, fill out our online contact form, or visit one of our eight nearby offices in Manhattan, Queens, Newark, Union City, Elizabeth, Clifton, Perth Amboy or New Brunswick today. Remember, there is no charge to talk with our injury lawyers, and we collect fees only if you win your case!
What Makes a Product Defective?
In order to determine whether a defective product may have caused your injuries, it is important to understand exactly what the law means by a “defective product.” Defective products are addressed under the area of the law known as product liability. Under product liability law, a product is most commonly found to be defective because it has a design defect, a manufacturing defect, or because the manufacturer failed to adequately warn consumers about certain inherent dangers.
- Design defects — A design defect is something that is inherent in the design of the product. This type of product defect is sometimes referred to as an intentional defect, not because the manufacturer intentionally introduced a defect into the product, but because the defect was part of the intentional design of the product. Typically, all products manufactured with the design in question are defective. Imagine, for example, that a car manufacturer uses a new wiring system in its vehicles; however, the design of the system did not account for water coming into contact with the wires. As a result, vehicles manufactured with the new wiring system begin to catch on fire. All of the vehicles produced with the new wiring system design are faulty and must be recalled. This is an example of a design defect, because the defect is in the design of the wiring system itself.
- Manufacturing defects — A manufacturing defect is introduced into the product during the manufacturing phase. Typically, a smaller number of the products are affected by the defect. Using the same wiring system example, assume that the design was fine, and accounted for the wires coming into contact with water as long as a high enough gauge wire was used. One day, however, an employee used the wrong gauge wire at one of the manufacturing plants, where the wires were produced. As a result, the wiring system was not waterproof and subjected the vehicle to fires. This is an example of a possible manufacturing defect, because the defect was introduced by the manufacturing plant, and was not inherent in the design itself.
- Failure to warn — Some products are so inherently dangerous that there is nothing the designer nor manufacturer can do to make them completely safe. In this case, the law requires a warning to be attached to the product cautioning consumers of the dangers. When a product does not come with adequate warnings, this can be considered a defective product. For example, many household cleaners cannot be made safe. The chemicals used in the product can be dangerous if a consumer comes into contact with them or inhales them, yet they are necessary for the product to work effectively. Because the product cannot be made any safer, a warning is required to advise consumers of the potential danger. If the appropriate warning is not included on the product then it may be considered a defective product.
Who Can Be Held Accountable for a Defective Product?
When a product is found to be defective, there are a number of possible defendants. Basically, anyone in the supply chain could potentially be held responsible for the defective product and any ensuing injuries, including the following:
- Parent companies
An injured victim does not necessarily have to know who was responsible for introducing the defect into the product. Often, more than one defendant is named in the lawsuit under the theory of joint and several liability. By doing this, a victim increases the chance of finding the negligent party, and increases the chance of actually receiving compensation for his or her injuries or loss.
Hurt by a Defective Product? Find Out How the Ginarte Law Firm Can Help You!
If you have been injured, or have lost a loved one, as the result of a defective product, contact the New York/New Jersey product liability attorneys at Ginarte Gonzalez Winograd L.L.P., to find out what legal options you may have. With eight offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. Contact the firm today by calling 1-888-GINARTE (1-888-446-2783) for your free consultation, or fill out our online contact form.