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If a defective or dangerous product causes serious personal injury, product liability laws enable victims to sue manufacturers, sellers and distributors for damages. The product liability lawyers at our New York firm handle all kinds of personal injury and wrongful death claims involving product defects. Product liability lawsuits may involve automotive defects, dangerous drugs or pharmaceuticals, food contamination, asbestos, machinery or appliances, agricultural products, or unsafe children’s toys. Generally, dangerous products that may cause injury can be categorized as having design, manufacturing or marketing defects.
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A defective product may be considered to have a design defect when a flaw in its design makes it unreasonably dangerous. These defects exist before the product is ever manufactured or sold. In these cases, negligence on the part of the product designer must be proven; our product liability lawyers must demonstrate that the designer ignored safer alternatives when designing the product.
When a product has not met the specifications of the designer after production, it may be considered to have a manufacturing defect. Manufacturing defects are considered to be among the easiest product liability claims to prove because the product’s design can be used to show that the construction was defective and that negligence occurred.
A defective product may be considered to have a marketing defect when it is promoted in such a way that fails to warn consumers about the possible hazards of using the product. These claims may involve improper labeling, insufficient or incomprehensible instructions, or inadequate safety warnings.
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