Bringing a Products Liability Suit When You Are Harmed by a Defective Product
Millions of dangerous and hazardous consumer products are recalled every year by the U.S Consumer Product Safety Commission (CPSC). Nearly all consumer products fall under the jurisdiction of the CPSC. Despite the multitude of safety regulations in effect, thousands of people are injured or killed by defective products in the U.S. each year.
The CPSC publishes continuously updated product recall information. When manufacturers, distributors, or retailers discover information indicating a product is dangerous, they are required to report this information to the CPSC. Unreported defects and hazardous products pose a threat to a consumer safety.
There are numerous ways a consumer may be injured by a dangerous product. Most products liability claims arise from three types of defects:
- Defects that occur in the manufacturing of the product
- Defects in the design of a product that make it unreasonably dangerous
- Inadequate warnings or safety materials (sometimes referred to as marketing defects)
In 1916, New York’s highest court ruled in MacPherson v. Buick Motor Co. that manufacturers of products capable of serious harm owed a duty of care in the design, inspection, and fabrication of the product. The court established that manufacturers owed a duty of care not just to the immediate purchaser, but to all persons who might come into contact with the product.
This is significant because establishing that an individual or company owes a duty of care is an essential element in proving negligence. The court’s decision in MacPherson had a major impact on modern products liability law and was an important step in holding negligent companies liable for the injuries they cause.
If you have suffered an injury due to a product or its inadequate labeling, consult an experienced New York products liability attorney who can provide effective representation and protect your legal rights. Se habla español.