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In accordance with a longstanding and evolving common-law tradition, a manufacturer of a defective product is liable for injuries caused by the defect. Under New York’s modern approach to products liability, a product has a defect that renders the manufacturer liable for the resulting injuries if it: (1) contains a manufacturing flaw; (2) is defectively designed; or (3) is not accompanied by adequate warnings for the use of the product. While claims based on the third category of defect, a lack of adequate warnings, can be framed in terms of strict liability or negligence, failure-to-warn claims grounded in strict liability and negligence are functionally equivalent, as both forms of a failure-to-warn claim depend on the principles of reasonableness and public policy at the heart of any traditional negligence action.
- Manufacturing Defects: One must prove that a product did not perform as intended and that the product was defective when it left the manufacturer’s control. If so, a manufacturer may be liable for breaching a duty to its customers. It is the plaintiff and his/her attorney’s burden of proof to demonstrate that the manufacturer did not manufacture the product in accordance with its own specifications. A plaintiff must also be able to demonstrate that not only was the product not manufactured properly, but also that the defect existed when the product left the manufacturer and that the error in manufacturing caused the plaintiff’s injuries.
- Design Defects: A defectively designed product is one which, at the time it leaves the seller’s hands, is unreasonably and unintentionally dangerous for its intended use. When investing, the focus is to review whether the design was not reasonably safe because of a substantial likelihood of harm and existence of a feasible and safer alternative design. The facts must also demonstrate that the defective design was a substantial factor causing the plaintiff’s injury. Whether a product is defectively designed is determined by examining the industry standards in effect when it was manufactured.
- Failure to Warn: A plaintiff must prove that (1) a manufacturer has a duty to warn (2) against dangers resulting from foreseeable uses about which it knew or should have known, and (3) that failure to do so was cause of the harm.
Where you have been homebound or bedridden for several months, there is a great likelihood you can succeed in a personal injury lawsuit or claim.
Our true passion lies in representing injured individuals and their families against major insurance companies. Our founder Avi Cohen has successfully settled and/or tried numerous cases, both large and small.
Our firm was founded on the principle that injured plaintiffs and their families should have access to the same quality of legal representation that large insurance companies receive from the larger firms. That’s why A. Cohen Law Firm, P.C. is the premier personal injury law firm in the New York Tri-State area.
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We realize that recovery from an accident or injury is the first issue on your mind. If you cannot travel to us, not a problem! We will travel to you. Your physical and financial recovery is our #1 concern! Our firm has been covered by large media outlets such as the New York Post, New York Daily News, Newsday, ABC 7 Eyewitness News, Law360, and other publications because we are the best at what we do!
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When it comes to representing our clients, there’s really only one option: individualized attention. You will never be just another file. We understand one hat does not fit all and that each client has different needs. We take the extra time to give each of our clients the personal attention they deserve!