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Key points about product liability laws

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When you buy products, you expect them to work properly and to be safe. This is true even when using “dangerous” items like miter saws or firearms. When used properly, you expect them not to do you any harm. If you are injured, there are a few things you should know about liability laws, which may allow you to seek compensation in New York.

1. The federal government has not created any product liability laws, so your case will center around state laws.

2. In many cases, the manufacturer will be your main target in the case, as you may allege that the product was poorly constructed or designed in an unsafe manner.

3. However, other parties can also be responsible in some cases. For example, the seller could be held responsible for selling items that are known to be defective, or a person who assembled the product could be liable for doing a poor job.

4. Marketing defects can also create a lawsuit. This is why the packaging and labeling is so important. If a product does not come with sufficient warnings about dangers and instructions for use, that could be the basis of the suit, even if the product itself worked as intended.

5. Some products must be unsafe. For example, knives and chainsaws are always going to be somewhat dangerous because, if they were designed in a way that eliminated the danger entirely, they wouldn’t work.

Do you have any questions about product liability laws, or would you like to learn more about how to start a case after an injury? If so, we encourage you to contact us as soon as possible.

Jason Fuiman

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Co-Managing Partner and Chair of O'Dwyer & Bernstien's Labor & Employee Benefits practice, Jason has over twenty years of experience in the New York legal industry.