Products Liability

Drug safety: FDA, doctors must weigh the risks

New York consumers may wonder about the safety of taking certain drugs, even if prescribed by their doctor, when they hear about drug warnings, recalls and lawsuits over a drug with unintended patient results. You may be surprised to learn that the federal government’s Food and Drug Administration has no power to initiate a drug… read more

Why are there drug recalls?

Vehicles, toys, food, drugs; it seems that there is always something being recalled in New York and throughout the U.S. Despite meeting required testing and safety standards, there may still be problems that aren’t discovered until these products are in the hands of consumers. The federal government’s Food and Drug Administration requires meticulous testing of… read more

When play time places your child at risk

New York children are like most others who enjoy getting new toys from their parents. The types of toys available in stores seems endless, with new products arriving on shelves nearly every day, and advanced technology allowing toy manufacturers to offer highly complex games and devices that keep children (and many adults) entertained. You no… read more

Several snack bar companies recall products for listeria scare

The general assumption amongst most in Manhattan may be that when products are recalled, it is solely due to problems or errors committed by the manufacturer. In reality, oftentimes manufacturers are as blindsided by recalls as consumers may be. If and when there is problem with one of the components of their products, they are… read more

Understanding vehicle recalls

If you have ever owned a vehicle in New York, you may well have received a notice from the manufacturer about a recall of some sort. In many cases, these many well seem routine as they are not uncommon and they typically involve you taking your vehicle to a dealership for a repair at no… read more

Understanding breach of express warranty

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 and Rosenbaum, P.C. unsure of that answer. One way to know for… read more

Regulators push tech companies to add warnings for rail crossings

Earlier this year, a truck was led astray by a defective navigation app which stranded his truck on a rail crossing. The driver left the truck to seek assistance, and a train crashed into the truck, derailing it. The accident caused several fatalities. The driver is now being indicted for vehicular manslaughter and other associated… read more

Safety standard: EVs need to be louder

Safety experts are calling for louder electric vehicles (EVs). Since their inception, cars have always been loud. People rely on noise to alert them to their environment all the time, just consider that all cars are equipped with horns. According to the National Highway Traffic Safety Administration (NHTSA), they are releasing new safety standards to… read more

Should carmakers be liable when an autonomous car crashes?

At first blush, it seems that defects in autonomous cars should be treated as any other defect, under products liability. In a products liability suit, the manufacturer, supplier, retailer or seller bears responsibility once the plaintiff establishes that the product was defective and that defect caused her injury. Typically, the plaintiff must prove a particular… read more

Samsung is halting production of the Galaxy Note 7

You probably heard the recent news about the Galaxy Note 7, that they have a tendency to explode. One exploded on an airplane which necessitated an evacuation and a few caught fire while people were asleep. They caught fire before the recall and after. The original models and the “fixed” ones both explode. All of… read more