Product Defects and Liability

When it comes to product liability, two key elements demand our attention: defects in manufacturing and the failure to adequately warn consumers of potential dangers.

Defects in Manufacturing

Product defects arising from manufacturing errors represent a significant concern. These defects occur as a result of mistakes made during the manufacturing, assembly, or fabrication processes. When a product fails to perform as intended due to manufacturing issues, it can lead to injuries or harm to consumers. It’s essential to recognize that these defects often stem from errors introduced during manufacturing, transforming an otherwise safe product into a potential hazard.

In New York State, manufacturers bear a profound responsibility for the products they create. They are obligated to exercise reasonable care throughout the entire manufacturing process to ensure that the end product is reasonably safe for its intended and foreseeable uses. This standard of care demands that manufacturers adhere to the level of caution and diligence that a prudent manufacturer would employ when making, inspecting, and testing the product, along with its components and materials. This meticulous approach is crucial to produce a product that meets safety expectations.

It’s worth noting that manufacturing defects typically affect only a small percentage of a product line. In legal terms, under the principle of strict liability, plaintiffs do not need to prove negligence on the part of the defendant to seek damages. The mere existence of an inherently dangerous defect in the product is sufficient to establish a breach of the supplier’s duty. For instance, in asbestos-related cases, the duty to warn is evident when there is a commercial supplier involved in manufacturing or distributing the product, and the product’s dangerous or defective nature is enough to establish a breach of this duty.

Safeguarding Consumer Awareness

Another critical aspect of product liability revolves around the failure to adequately warn consumers about potential dangers associated with a product. Manufacturers have a duty to provide warnings regarding latent dangers, which result from foreseeable product use, and dangers stemming from unintended but reasonably foreseeable uses.

In New York, manufacturers must fulfill their duty to warn consumers effectively. This includes warnings related to foreseeable uses of the product, both intended and unintended, of which the manufacturer was aware or should have been aware. Additionally, manufacturers are obligated to warn about hazards emerging from foreseeable product uses, even if this information becomes known after the product’s sale.

Determining Liability

Identifying the responsible party in cases of asbestos-related illness can be challenging. Asbestos manufacturers often emerge as primary culprits, with evidence suggesting that many of these companies were aware of the dangers associated with asbestos but failed to provide adequate warnings to workers and consumers.

Even in cases of secondhand exposure, these companies may bear liability for resulting illnesses or injuries. To establish liability, the claimant must demonstrate the other party’s negligence. Proving that your illness was caused by the negligence of another party may require gathering background information. Specifically, the legal team may seek details about the frequency, duration, and proximity of your asbestos exposure.

Comprehending product defects and the duty to warn is essential for consumer safety and legal accountability. Manufacturers play a pivotal role in ensuring that their products do not pose undue risks to consumers, and the legal system provides avenues for seeking recourse when these responsibilities are not met.