New York City Dangerous, Defective Products Lawyers
Product
Liability
With such an
exorbitant number of products in the marketplace, it is
inevitable that some will
cause harm because of defects in their
design or in the manufacturing process. By demonstrating
dangerous flaws in numerous products, we have provided compensation in the millions of dollars to our clients.
The
handling of these claims is time consuming and expensive. Kuharski, Levitz and
Giovinazzo has experienced litigators
and financial resources that are necessary to prosecute these
often highly technical claims. Our attorneys regularly network
with experts around the country to keep abreast of all
developments regarding product defects. We continue to monitor
due diligence by product manufacturers to insure that safety is
a primary concern in the design and manufacture of the products
we use and rely upon in our lives.
- Defective
automobiles
- Defective automobile parts
- Defective
printing presses
- Defective
power saws
|
- Defective
drugs
- Defective
machinery
- Defective
airplanes
- Defective
cranes
|
There are several types of claims that can be made when
injuries or death result from a product:
Defective Design of a Product
In an injury or death resulting from the
defective design of
a product, the claim is that the product functioned as it
was designed but the design was negligent. That is a
reasonable manufacturer should have known that the design of
the product was defective, that it was foreseeable that the
design could cause injury or death to the user of the
product. Once a hazard, which is a condition that may cause
injury or death, is identified in a product, the design
engineer must follow an accepted design priority recognized
by all design engineers in reducing the possibility of the
dangerous condition of the product causing injury or death.
The dangerous condition must be designed out of the product
if such can be done without destroying the utility of the
product. If this can't be done then:
The dangerous
condition of the product must be guarded against. If the
dangerous condition of the product can't be guarded against
then a warning must be given that the dangerous condition of the
product can cause injury or death
In the United States, the claims most commonly associated
with product liability are negligence, strict liability,
breach of warranty, and various consumer protection claims.
The majority of product liability laws are determined at the
state level and vary widely from state to state. Each type
of product liability claim requires different elements to be
proven to present a successful claim.
A Flaw in the Manufacturing of the Defective Product
In a manufacturing flaw case, the claim is that the
injury
or death was caused by a flaw in the manufacturing of the
defective product and that the product was not manufactured
properly which resulted in a dangerous condition that made
the product defective and dangerous and caused injury or
death.
In the United States, the claims most commonly associated
with product liability are negligence, strict liability,
breach of warranty, and various consumer protection claims.
The majority of product liability laws are determined at the
state level and vary widely from state to state. Each type
of product liability claim requires different elements to be
proven to present a successful claim.
Manufacturers' Failure to Warn
The manufacturer of a product which is reasonably certain to
be dangerous if used in a way which is foreseeable, is under
a duty to give adequate warning of any danger known to him
or which in the use of reasonable care he should have known
and which the user of the product would have not ordinarily
discovered.
In the United States, the claims most commonly associated
with product liability are negligence, strict liability,
breach of warranty, and various consumer protection claims.
The majority of product liability laws are determined at the
state level and vary widely from state to state. Each type
of product liability claim requires different elements to be
proven to present a successful claim.
Just a sample of some of our successful product liability
litigation includes:
- motor vehicle crashworthiness
- occupant
restraint
- rollover, brake, transmission and fuel tank
defects
- hazardous industrial machinery, equipment and
tools
- unsafe household appliances
- children's flammable
garments
- toxic chemicals
If you,
a loved one or a friend has been a victim of
a defective product,
contact an experienced dangerous
products lawyer at the Law Offices of
Kuharski, Levitz & Giovinazzo to discuss the case. We are
eager to help those that have been injured
by a defective product and receive just
compensation for all losses.
