Injury or Death from the 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.
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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:
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The dangerous condition of the product must be
guarded against. If the dangerous condition of the product can't
be guarded against then:
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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.
The New York Product Liability Lawyers at Gair, Gair, Conason, Steigman
& Mackauf have more than 40 years of experience
representing victims injured or killed by the
defective design of a product.
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