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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.

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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
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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

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In Saleh v. Rite Aid Corp., the plaintiff brought a personal injury lawsuit against the defendant after slipping and falling on a wet floor in the defendant’s store. This case raises important legal issues related to premises liability and the duty of property owners to maintain safe premises for their customers.

Factual Background

On January 27, 2006, the plaintiff, Saleh, entered a Rite Aid store in Brooklyn, New York, to purchase items. While walking down an aisle, she slipped and fell on a wet floor. The plaintiff suffered injuries to her knee, hip, and back as a result of the fall.

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Premises liability cases often hinge on the question of whether a property owner or occupier had notice of a hazardous condition that caused an injury. In Vasquez v. Church of God of Prophecy, the plaintiff brought suit against a church after she slipped and fell on a wet floor while attending a service. The case raised important questions about the duties of property owners to maintain safe premises and the burden of proof that plaintiffs must meet in premises liability cases.
Factual Background

On the day of the accident, the plaintiff attended a church service at the defendant’s property. While walking from the bathroom to her seat, she slipped and fell on a wet floor, sustaining injuries. The plaintiff alleged that the defendant had negligently failed to maintain the premises in a safe condition and that it had constructive notice of the hazardous condition that caused her injuries.

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Plaintiff, Anna Vargas, filed a personal injury lawsuit against Target Corporation after she slipped and fell on a wet floor at one of its stores.

Factual Background

On December 22, 2008, Anna Vargas went to a Target store located in the Bronx, New York. While she was walking down an aisle in the store, she slipped and fell on a wet floor. Vargas sustained injuries as a result of the fall, including a fractured ankle and herniated discs.

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Premises liability is a legal concept that holds property owners and occupiers responsible for injuries that occur on their property due to their failure to maintain safe conditions. This means that property owners have a legal obligation to ensure that their property is free from any hazards or defects that could cause harm to people who visit the property. If a property owner or occupier fails to fulfill this duty, and someone is injured as a result, the owner or occupier may be held liable for the resulting damages. Premises liability cases can arise in a variety of contexts, including slip and fall accidents, dog bites, swimming pool accidents, and more.
Nunez v. New York City Housing Authority involves a dispute over the liability of a property owner for injuries sustained by a tenant. The case highlights the legal principles governing premises liability and the duty of property owners to maintain safe premises.
Factual Background
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Salas v. City of New York  involves the legal concept of sovereign immunity. The case is particularly relevant to individuals who seek damages from municipal corporations and highlights the importance of understanding the limitations of sovereign immunity.

Factual Background

The incident in question occurred on November 11, 2011, in the City of New York. The plaintiff, Ana Salas, was a passenger in a vehicle that was struck by a New York City Police Department (NYPD) vehicle driven by Officer Peter Agosto. The accident caused Salas to sustain serious injuries.

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The Estate of Fuentes v. Town of Islip addresses the issue of the responsibility of municipal corporations to maintain their roadways in a reasonably safe condition for the public.

Factual Background

The incident in question occurred on February 8, 2007, on Brentwood Road in the Town of Islip. The decedent, Luis Fuentes, was driving his vehicle when he struck a pothole and lost control of the vehicle, causing a fatal accident. The estate of Fuentes subsequently filed a lawsuit against the Town of Islip, alleging negligence in failing to maintain the roadway in a reasonably safe condition.

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Brown v. City of New York is a notable case in the field of municipal liability in New York. The case involved a tragic accident in which a young boy was struck and killed by a car while crossing the street in front of his school. The boy’s family filed a lawsuit against the City of New York, alleging that the city was negligent in failing to provide adequate safety measures to protect children crossing the street.

Factual Background

On the morning of February 28, 2007, Amar Diarrassouba, a six-year-old boy, was crossing the street in front of his school in Harlem when he was struck by a car and killed. The boy’s family filed a lawsuit against the City of New York, alleging that the city was negligent in failing to provide adequate safety measures for children crossing the street.

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