In product liability law, plaintiffs often sue under both strict products liability and breach of implied warranty. In Denny v. Ford Motor Co., 87 N.Y.2d 248 (1995), the New York Court of Appeals addressed whether a manufacturer could be held liable under one theory but not the other. The court…
In product liability cases, courts often examine how a product was used at the time of the accident and whether it had been changed from its original condition. In the case of Cacciola v. Selco Balers, Inc., the court had to decide whether a manufacturer could be held responsible for…
In Cover v. Cohen, the New York Court of Appeals reviewed whether a car manufactured by General Motors was defective under strict products liability. The case also considered whether the evidence presented at trial was proper and whether the judgment against both General Motors and the car dealer, Kinney Motors,…
In Cover v. Cohen, the New York Court of Appeals reviewed whether a car manufactured by General Motors was defective under strict products liability. The case also considered whether the evidence presented at trial was proper and whether the judgment against both General Motors and the car dealer, Kinney Motors,…
Excessive force refers to the application of force by law enforcement officers that exceeds what is reasonably necessary to effectively control a situation, prevent harm, or make an arrest. While officers are permitted to use force in certain circumstances, such as when facing resistance or threats to safety, the force…
Whitaker v. Sears, Roebuck & Co. is a product liability case that was decided by the Appellate Division of the Supreme Court of New York in 2014. The case involved a plaintiff, Michael Whitaker, who was injured while using a table saw that he had purchased from Sears. The decision of…
Product liability cases arise when a product causes harm or injury to a consumer due to a defect in its design, manufacturing, or labeling. In such cases, the manufacturer or seller may be held liable for the damages caused. Product liability cases are complex and require the expertise of an…
In Ippolito v. Sears Roebuck & Co., the plaintiff, Linda Ippolito, alleged that she was injured by a defective product that she purchased from Sears Roebuck & Co. This case demonstrates the importance of product liability law and the duty that manufacturers and sellers have to ensure the safety of…