Robert Grossman & Associates, LLP: A Victim's Rights Firm (914) 684-0785

Who may bring a products liability suit?
One who is injured by a dangerous product may sue the manufacturer and others. As the law has evolved, those other than buyers may bring an action. Such others include not only the products buyer, but also users and bystanders.

What is product liability?
Product Liability refers to the liability of all parties along the manufacturing chain from the manufacturers, through the wholesalers, down to the retail store. It defines the rights of individuals to sue for money damages for their personal injuries, as well as their property damaged actually caused by the dangerous product. 

A tort which makes a manufacturer liable if his product has a defective condition that makes it unreasonably dangerous to the user or consumer. Cobbins v. General Acc. Fire & Life Assur. Corp, 3 IllApp3d 379, 279 N.E.2d 443, 446.

State law determines the rights of each party in a product liability case. Despite differences among states, there are generally three common legal theories that exist for a product liability claim. These are negligence, strict liability and breach of warranty of fitness.

Negligence: In a negligence claim the plaintiff must be injured as a result of the sellers failure to exercise reasonable care in the manufacturing or selling of a particular product. This means that the seller did something that a person of ordinary prudence would not do under the same circumstances. One must prove that the lack of reasonable care occurred in the manufacturing, designing or selling of a product.

Strict Liability: Under these second strata of liability, the party suing must demonstrate that that the product had a defect that caused the party's injuries. Here, the seller of the product is liable, even if it exercised reasonable care in manufacturing and selling the product.

Breach of Warranty: Under this third theory, the party that was injured can recover if the seller made representations that the product would perform certain functions and failed to do so. These representations and warranties may be explicit or implicit. For example, the seller may make certain representations about a products' functions or performance that do not come true. In the alternative, the party has a valid claim if the product does not do the task one ordinarily would expect it to.

Who is responsible for product liability actions?
Almost every entity in the chain of distribution can be held responsible in a product liability suit. This may include only the actual manufacturer, or it may also include all the parts producers, distributors and retailers.

Articles

• Propulsid - Heartburn Medication Linked to Heart Rhythm Abnormalities and Death

• Popular Diabetes Drug Rezulin Pulled from the Market

• Ingredient in Cold, Diet Drinks Deemed Unsafe

• Fen-Phen

• Documents Show Firestone Knew of Rising Warranty Cost

• Latex: More than 200 Lawsuits Filed Against Latex Manufacturers

• California Latex Verdict Sets Tone

• Goods commonly subject to Product Liability 

•  

*Battery Packs, Drills, Saws
**Dive Masks, Health Gliders, Helmets, Home exercise equip, Pools, Scuba

Robert Grossman & Associates, LLP
7 Chesley Road
White Plains, NY 10605
tel  (914) 684-0785
fax (914) 448-2698

Proudly serving the Bronx, Westchester, Brooklyn and the entire
New York Metropolitan area.