Under New York law, a product can be defective in three ways:
- Because of a mistake in manufacturing;
- Because of a mistake in design; and,
- Because of a failure to properly warn or instruct users about the product.
By way of example, a manufacturing defect ordinarily involves a product that is properly designed, but is manufactured in a way that creates a hazard. Faraci Lange represented a man who was injured when a pneumatic nail gun fired unexpectedly. The nail gun had a properly designed safety feature that prevented inadvertent firing, but it failed in this case because it had a flawed spring that broke prematurely.
Defectively designed products encompass an entire line of products made dangerous because of a flaw in the design. The Ford Pinto from the late 1960’s is one example. That car was designed in a manner that made its gas tank vulnerable to explosion in the event of a rear end collision. Ford knew of this design defect before the Pinto was first built, but opted not to redesign it after determining it would be cheaper to pay damages in product liability cases than to redesign the car. Faraci Lange has represented many clients who have been injured by poorly designed products.
Finally, a product can be defective because it lacks proper warnings regarding dangers in the product and proper instructions regarding the way the product can be used safely. Faraci Lange has represented hundreds of workers who have been injured or killed by exposure to products containing asbestos fiber. In those cases, we have been able to prove that the manufacturers knew that asbestos could be dangerous to workers, but nonetheless did not warn them about the danger or instruct them on precautions they could take to minimize or eliminate the risk.
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