DEFECTIVE PRODUCTS & LIABILITY LAW

Every year, thousands of individuals are injured, maimed, or killed by defective and dangerous products. the most basic terms, a product must meet the ordinary expectations of the consumer; if there is an unexpected defect or danger, or a failure to provide an appropriate safety warning, then the product fails the test of ordinary expectations. The law permits any injured person to bring suit and recover damages if he or she is injured by a defective product.

Product defects fall into three categories:

Design defects – Inherent flaws that make a product dangerous.

Manufacturing defects – Flaws that result from defective parts or manufacturing errors.

Marketing Defects – Inadequate warnings and instructions, or the willful misrepresentation of how a product should be used.

When a product defect does occur responsible parties may include the manufacturer, designer, sub-contractor, wholesaler, and dealer who sold the product.

For more information call 212.605.6200 or email

Diane Paolicelli      Alan J. Konigsberg