Rosenbaum Personal Injury Lawyers | May 2, 2017 | Products Liability
If you or someone that you love has been injured by a product in New York City, one question often arises: Was your misuse of the product to blame, or a problem with the product itself? Many come to us here at Rosenbaum Personal Injury Lawyers unsure of that answer. One way to know for certain is to consider the promises made by the seller and/or manufacturer of the product. If it failed to live up to the expectation set by its warranty, you may have a case for seeking compensation.
According to the pattern jury instructions for New York (as shared by the New York Bar Association), breach of express warranty is a valid reason to pursue a product liability claim. Express warranties can be either spoken or written, but basically they serve as stated guarantees of performance and reliability, which, if not met, constitute a product failure. An example may be the support limits associated with a weight-bearing structure, such as scaffolding. If the scaffolding is advertised (either in print or in person) as being able to support 600 pounds, and yet it fails under only 500 pounds of weight, then the breach of express warranty standard is met. Who is held liable depends on who offered the warranty. If a product label or manual made the guarantee, then the manufacturer would most likely be liable. If it was made as part of a sales pitch, liability would like fall to the seller.
It should be noted that contractual privity does not apply to warranty liability. Thus, you may initiate action due to breach of warranty even if a product’s guarantees were not made to you directly.
Contact the New York City Personal Injury Law Firm of Rosenbaum Personal Injury Lawyers for Help Today
If you’ve been injured in an accident in Manhattan, NY, and need legal help, contact our personal injury lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation. We also serve in Brooklyn and the Bronx.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St, 24th Floor
New York, NY 10005
(212) 514-5007
Our firm is located near you. We have an office in NYC
Find us with our GeoCoordinates: 40.7051415,-74.0067386
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(929) 447-2347
Our firm is located near you. We have an office in the Bronx
Find us with our GeoCoordinates: 40.8468944,-73.8483118
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(718) 550-3601
Our firm is located near you. We have an office in Brooklyn
Find us with our GeoCoordinates: 40.692948,-73.991038
