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The following is a case summary as reported in The New York Jury Verdict Reporter, the leading reporter of verdicts and settlements of cases in New York State.
$480,000 Product Liability Case for a defectively designed office chair
This case was a hard fought legal battle that took four years to conclude. The case was in the United States District Court, a Federal Court, since the matter was against two big million dollar corporations, that were based outside of New York State. Our client suffered serious back injuries requiring surgery as the result of a defectively manufactured chair that broke into two pieces.
The corporate defendants claimed all kinds of defenses in an effort to avoid accepting responsibility for the accident. None were successful. Robert Trop prevailed in obtaining the much needed result for the plaintiff in the case.
What is a product liability case? A product liability case is a specialized negligence case. There generally are three theories that such a case will be prosecuted on: (1) that the product in question was manufactured with some type of product flaw; (2) that the product is question had a design defect before it even was manufactured; and (3) that the manufacturer of the product failed to adequately warn the consumer of hazards associated with the product.
A product liability case most times is complicated and more difficult to prove that a conventional negligence case such as car accident or slip and fall accident. Most often, one or more expert witnesses (in additional to doctor expert witnesses) are needed. For example, in the case handled by Robert Trop, the firm hired an engineering firm familiar with metals and fatigue failures (when metal becomes brittle and breaks), since the case dealt with welds that broke during the chair's normal usage.
If you think you were injured as the result of a defective product, Robert Trop or Stuart Besen can answer any of your questions regarding this type of case.
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Verdicts & Settlements is published as a service for our clients, friends, and professional associates.
The information in this newsletter is meant to be general in nature, and is not to be viewed as a substitute for legal consultation in that laws change from time to time and may be affected by specific circumstances.
We welcome questions or comments regarding any information contained in this newsletter, which can be directed to either:
Robert E. Trop, Esq.
Stuart P. Besen, Esq.
Email: besentrop@verizon.net
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