Product Liability

Published on: August 7, 2023

Court considered a product liability claim based on an injury from a table saw. Whitaker v. Sears, Roebuck & Co., 120 A.D.3d 865 (2d Dep’t 2014)

by Stephen Bilkis

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 the court in this case is important because it provides guidance on the extent of a manufacturer’s duty to warn consumers about the dangers associated with their products.

Factual Background

In 2003, Michael Whitaker purchased a table saw from Sears. The table saw was designed and manufactured by Rexon Industrial Corp., a Taiwanese company. The saw was sold under the Craftsman brand, which is owned by Sears. The saw came equipped with a blade guard and anti-kickback pawls, which are safety features designed to prevent serious injuries.

Published on: August 2, 2023

Appellate Court found that there was a triable issue of fact as to whether a bottle of acetaminophen was defective. Kelly v. CVS Pharmacy, Inc., 73 A.D.3d 1019 (2d Dep’t 2010)

by Stephen Bilkis

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 experienced New York product liability lawyer. The case of Kelly v. CVS Pharmacy, Inc. is one such example where the plaintiff filed a product liability claim against CVS Pharmacy claiming that she sustained injuries due to a defective product.

To prove a defective product case, a plaintiff typically needs to demonstrate that the product in question was unreasonably dangerous due to a design flaw, manufacturing defect, or inadequate warning. The plaintiff must show that they suffered an injury or damages as a direct result of the product’s defect. Additionally, the plaintiff must show that the product was being used in a foreseeable manner at the time of the injury, meaning that the product was being used as it was intended or in a way that was reasonably foreseeable by the manufacturer. To establish liability, the plaintiff must identify the party responsible for the defect, which may include the manufacturer, distributor, or retailer of the product. To prove the defect, the plaintiff may rely on expert testimony, product testing, or other evidence that establishes that the product was unreasonably dangerous. If the plaintiff is successful in proving their case, they may be entitled to recover damages for their injuries, including compensation for medical expenses, lost wages, and pain and suffering.

Factual Background

Published on: July 31, 2023

Appellate Division determined that plaintiff presented enough evidence to proceed with her product liability claim. Ippolito v. Sears Roebuck & Co., 121 A.D.3d 529 (2d Dep’t 2014)

by Stephen Bilkis

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 their products.

A product liability case is a legal case brought against a manufacturer, seller, or distributor of a product that has caused harm or injury to a consumer. The basis for the case is that the product is considered defective, either due to a design flaw, manufacturing defect, or a failure to provide adequate warnings or instructions for use. In a product liability case, the injured party seeks compensation for their injuries, including medical expenses, lost wages, and pain and suffering. These cases can be complex and often require the assistance of an experienced New York product liability lawyer with expertise in product liability law.

Factual Background

Published on: April 4, 2012

New York Appellate Court Rules on FDA Complaint by Food Grower

by Stephen Bilkis

The plaintiffs in the case are Tray Wrap, Inc. The defendants in the case are Pacific Tomato Growers LTD and Florida Fruit and Vegetable Association.

Case History

In this case, the defendant Florida Fruit and Vegetable Association is seeking an order for a summary judgment over the plaintiff in the instant action suit. The defendant declares that a summary judgment is warranted for a number of different reasons.

Published on: March 10, 2012

New York Appellate Court Discusses Liability in Products Liability Case

by Stephen Bilkis

On 16 April 1973 at approximately 3:30 in the afternoon, natural gas which had escaped from a leak and accumulated in the basement of a building (premises liability) and exploded. The explosion and resulting fire killed someone, seriously injured three people, destroyed a building and caused extensive damage to other buildings of the apartment complex and to personal property of several of the tenants.

Four out of a total of 21 lawsuits commenced, are the subject of this appeal: wrongful death action; two personal injury actions; and the property damage.

In the property damage action, a New York Injury Lawyer said the complaint alleged, inter alia, claims based on negligence and strict products liability against the concerns responsible for the manufacture, assembly and installation of the “gas train”, i. e., the various pipes, connections and devices located in the gas equipment room of the building through which the high pressure gas coming from the outside must pass for delivery at a properly reduced low pressure to be used by the tenants in the several garden apartment structures. Of the five defendants in the property damage action, four were manufacturers of components of the gas train – manufacturer of the filters for the removal of dirt and dust from the incoming gas; the manufacturer of the regulator which reduced the high pressure gas to the proper low pressure for use by the tenants; manufacturer of the valve to relieve the excess pressure and the meter to measure the amount of gas used; and, the fabricator and supplier of the gaskets used in the filters. The fifth defendant, purchased the various components and assembled and installed the gas train.

Published on: February 12, 2012

Comic Jerry Seinfeld’s Wife Being Sued for Copyright Infringement

by Stephen Bilkis

Stand up comic and television personality Jerry Seinfeld has recently had to see his wife sued on charges of copyright infringement, says a New York Personal Injury Lawyer. Mrs. Seinfeld, who recently published a book entitled, “The Sneaky Chef,” is fighting to keep the case against her from being reinstated.

The book, which is a witty cookbook filled with recipes that are designed to satisfy younger children, is said to have stolen recipes from another book which has very similar recipes. Mrs. Seinfeld’s attorney has defended his client by showcasing the differences between the two books, namely that Mrs. Seinfeld’s book is far more humorous and decidedly lighter fare, whereas the other cookbook is far more serious and is even somewhat lecture prone, making it very different from “The Sneaky Chef.” The style and approach of the two books should outweigh the exact ingredients in a few of the recipes.

The judge hearing the case was making a few jokes of his own, specifically addressing the supposedly innovative nature of some of the recipes. He mentioned that it seemed the idea of making a healthy puree and then hiding it in other recipes may not be so creative after all. No word as of yet as to the outcome of the case, but it appears at present that Mrs. Seinfeld is safe.

Published on: February 12, 2012

Ohio Uses New Drug for Executions

by Stephen Bilkis

Ohio announced that it would start using pentobarbital for executions. Ohio is not the only state making the switch from using thiopental. Oklahoma is also using the drug for executions, a New York Injury Lawyer reported.

Ohio usually uses 5 grams of thiopental but they will be using 5 grams of pentobarbital instead. The amount is consisted a large doses. They will only need to use a single dose of the drug.

Pentobarbital is often used in assisted suicides and to induce surgical comas. Many vets also use the drug to put an animal to sleep.

Published on: February 7, 2012

Nonprofit Law Clinic Fights for Wronged Americans

by Stephen Bilkis

A New York Product Liability Lawyer recently reviewed California Superior Court Case # 30 and revealed that CPAC, a non-profit law clinic, is determined to help both the elderly and the young struggling families who have been affected by bank fraud and are facing homelessness.

“CPAC is trying to accomplish what our government hasn’t. The clinic is fighting a display of alleged bank fraud and lender abuse that was written about in the California Superior Court documents,” he said.

In a recent speech at the Academy Awards, award winner Charles Fergusen said, “Forgive me, I must start by pointing out that three years after our horrific financial crisis caused by massive fraud, not a single financial executive has gone to jail, and that’s wrong.”

Published on: February 7, 2012

U.S. Supreme Court rules with the National Childhood Vaccine Injury Act of 1986

by Stephen Bilkis

New Yok Injury Lawyers described today how the U.S. Supreme Court was faced with a decision regarding a person’s right to sue a vaccine manufacturer for design defects.

The NCVIA of 1986 was passed to protect and held responsible for patients who incur injuries or side effects from vaccinations due to defects in design or improper administering of the vaccine. It was enacted to create a no-fault compensation program in exchange for the tort system for resolving vaccine injury claims and suits.

In 1995, a family tried to file a claim regarding their daughter, who allegedly became disabled after her vaccination. After filing their initial claim, they were denied compensation so the case was removed to the U.S. Court of Appeals. The case was still denied and sighted the NCVIA as the reason.

Published on: December 20, 2011

Mistakes cause morphine label changes

by Stephen Bilkis

A study confirmed that changes had to be made to morphine labels due to errors. The FDA along with the manufacturers of the morphine solution gave a warning to medical professionals of the possibility that it can cause health issues if taken in excess. Therefore, they have changed their label to reflect this and to limit the risks of injurythat would affect patients.

According to a person close to the scene, there were some severe illness and deaths that occurred due to this morphine overdose accident. In a few cases, the morphine solutions were purchased in milligrams instead of milliliters and this is certainly a huge error. It means that doctors would issue more than what the patient can ingest comfortably.

Before the labels were changed, the manufacturers had put the morphine solution on the market; expressing the strength as twenty milligram/milliliter. The container that this solution was packaged in had a white background and brown lettering, which means it was hard to see.