News that you may be using a recalled product might immediately cause you to panic. The common school of thought amongst many in New York may be that products are only recalled if they are extremely dangerous. Thus, using one automatically puts you and your family in great danger, too. While this may be the case with certain products, oftentimes an item may be recalled for a relatively mundane or minor issue. When it comes to the potential of facing liability due to the use of their products, manufacturers will often err on the side of caution in order to reduce the possibility of facing litigation.
New Yorkers know that baby-proofing their home is part of the process of raising a child and something that should be done by the time their little ones start crawling around. Preventing them from getting into deadly poisons, cleaning products, sharp objects and other harmful things around the home is a priority for their safety. But in today’s world, increased vigilance is called for in keeping them out of harm’s way, and parents must keep an eye out for a variety of potential threats.
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 recall. The agency can issue alerts and warnings, as it has recently with the diabetes medication canagliflozin (Invokana and Invokamet), but recalls must be made by the manufacturer. A typical consumer's reaction might be something like, "Why was this drug approved in the first place?" But the answer is complicated.
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 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 forced to issue recalls. Consumers might not distinguish between a manufacturer and a supplier, thus damaging the reputation of a manufacturer for a problem it may have not been responsible for. In this situation, the suppliers who provided the tainted components could not face liability claims from consumers, but from distribution partners, as well.
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 cost to you. However, as routine as these recalls may be, they should be heeded. Also, understanding what may prompt a recall can be important for you as a consumer.
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 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.
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 charges. The heart of this accident is the failure of the navigation app and the lack of safety warnings for rail crossings. This post will go over the dangers with navigation apps and what is being done to make them safer.
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 make EVs louder.
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.