When your health care provider recommends that you have a medical device surgically implanted, your concerns may be more focused on doctor errors than product liability. However, heart monitors, hip replacements and similar products are subject to design flaws, manufacturing errors and mislabeling, just as any other consumer good is. Our team at Bendall & Mednick have represented many people who suffered injuries or lost family members due to a faulty medical device.
With the prevalence of cellphones, tablets and other electronic devices in nearly every American household, many people may assume these products are safe and harmless, including for children. For the most part, electronic devices are safe when used appropriately. However, a serious design or manufacturing defect may be devastating for consumers in Schenectady and elsewhere, especially if the affected product uses electricity or contains hazardous chemicals.
You are probably aware of the ways a dangerous product might be harmful to you and other Schenectady residents. A toy that was poorly designed might injure hundreds of children across the country, or a batch of products that were improperly manufactured on the assembly line could malfunction and injure a small group of consumers. You might, however, not be aware of a third type of product defect that could result in harm, called defective marketing.
Samsung has announced a recall of 2.8 million washing machines after numerous reports of explosions. The manufacturer says that it has received reports of at least 730 explosions related to its top-loading washing machines resulting in nine people being injured.
In a cold state like New York, heating is essential. However, running your heater can mean a high utility bill. Like many Schenectady residents, you might use a space heater to save power and conveniently warm up a small area in your home. To reduce the risk of electrocution, burns or home fires, you should know the proper ways to operate a space heater.
Many times, if you or another Schenectady resident encounter a faulty product, it can cause a personal injury. For example, defective airbags have been known to explode and seriously injure vehicle passengers. Dangerous children’s products might present a choking or entrapment hazard. In other cases, a product that fails to do what it is supposed to do may cause damage of a different kind. You might, for instance, use a product that malfunctioned and suffer from anxiety or depression as a result. While the injury was not physical, the psychological harm it caused is possibly enough to justify legal action.
You could read some news stories about a product causing an injury that cause you to worry about the safety of certain products, and other stories that make you wonder what the injured party was thinking. Where is the line drawn between a manufacturer being held responsible for an injury and the consumer being the one at fault? It can help for Schenectady residents to understand the factors that constitute a valid product liability case.
Capital District Business Review, December 28, 1987
Copyright 1987 UMI Inc.;
Copyright Albany Business Journals, Inc. 1987;
New York Law Journal, May 17, 1999
Copyright 1999 New York Law Publishing Company
Like many Schenectady residents, you may have a few extension cords lying around your house. You could be using one or more at this very moment. With summer temperatures looming, an extension cord could be a lifesaver if you want to get your portable fan in just the right spot. These cords are convenient and handy, but can also cause serious or deadly hazards if they are used wrong or are defective.