New York Noncompete, Trade Secret & School Negligence Blog

List of the 10 Most Dangerous Children's Toys of 2010 Is Released

Jonathan Cooper discusses the recently released list of the 10 most dangerous childrens' toys of 2010

Why It's So Important to Find Qualified Experts in a NY Products Liability Case

Long Island, New York products liability and defective baby products lawyer Jonathan Cooper discusses how a recent decision from one of New York's appellate courts highlights why hiring appropriately qualified experts is absolutely critical to the success of a products liability case in New York. For additional information on this topic, please see https://www.jonathancooperlaw.com/library/the-most-important-issue-before-you-start-a-ny-products-liability-case.cfm, or contact Jonathan Cooper directly at 516-791-5700.

Brooklyn Park Removes Defective (and Ridiculous) $84,000 Playground Equipment

Long Island, New York child injury and defective products attorney Jonathan Cooper discusses how a Brooklyn park was forced to remove defective playground equipment, and whether the manufacturer's claim that it complied with all relevant safety guidelines would effectively preclude a lawsuit against them. For additional information on how to prove a defective design claim for a children's product, please see https://www.jonathancooperlaw.com/library/how-to-prove-that-a-product-was-defectively-designed-under-ny-law.cfm, or contact Jonathan Cooper directly at his Long Island, New York office at 516-791-5700.

In Defective Design Case, NY Court Raises Award from $500,000 to $1.25 Million

In a May 11 decision regarding a products liability case that was tried to verdict, New York's highest court upheld a trial court's decision to raise the jury's award of $500,000 to $1.25 million. For additional information on products liability cases under New York law, readers are encouraged to order a Free copy of Long Island, New York product liability attorney Jonathan Cooper's book, Why There Are So Few Successful Defective Product Lawsuits from www.ProductLiabilityBook.com, or by contacting Jonathan Cooper directly at his Long Island office at 516.791.5700.

Appeals Court Limits Adverse Impact of Attorney's Admission in Opening Statement

In deciding the defendants' motion to dismiss in a construction site accident case that was handed down on January 19, New York's Appellate Division, Second Department clarified what the effects are of a plaintiff's attorneys admissions that he made during his opening statement to the trial jury. For additional information on this and other topics pertaining to small business litigation, personal injury and defective products under New York law, please visit www.JonathanCooperLaw.com.

For those who have little or no faith in our jury system, take notice. Sometimes, juries get it absolutely right.

Recently, a New York jury concluded that a chemical manufacturer was not responsible (or "liable," in legalese) for an electrical worker's injuries that were sustained when he sprayed the defendant's degreaser while leaning against the top of a utility pole that he was attempting to repair, and then suffered a severe shock.

Although the plaintiff contended that the spray did not adequately warn him that the spray could conduct electricity, and threfore, that there was a risk of sustaining a shock, the defense pointed out that the plaintiff had stepped out of his protective rubber basket, and was not wearing appropriate protective gloves. In short, the jury found that the plaintiff was responsible for his own accident.

This story is yet another example of why there are so few successful defective products lawsuits.

 

In the near-daily bombardment of announcements of defective product recalls, it is hard for any one recall to really stand out, especially if it does not involve an egregious safety hazard. But, every once in a while, a relatively minor product recall can distinguish itself, if only because the circumstances underlying the recall are unusual, or simply off the beaten path.

Yesterday, the CPSC announced one such recall. And it was noteworthy in two respects: first, this recall has absolutely nothing to do with the actual design of the product - it had to do with the product's instructions. Second, and in the same vein, it wasn't simply a question that the instructions were inadequate or unclear (just imagine if that were the standard that companies employed to issue recalls); rather, they simply forgot to include a critical set of instructions regarding the swing seat's harness.

Consequently, this product recall is distinct from the garden variety recall because it touches upon a failure to warn claim rather than a defective design claim. For more information on the distinctions between these two different types of defective products claims, please see "Why There Are So Few Successful Defective Products Lawsuits."

How Product Safety Recalls Can Help Prove A Defective Products Case in NY

Long Island, New York product safety recall and defective fan attorney Jonathan Cooper discusses how a government recall of a product can be helpful and effective in proving a product liability case under New York law. For additional information on this topic, as well as products liability cases in general, please order a copy of Jonathan Cooper's FREE guide to defective products cases, Why There Are So Few Successful Defective Products Lawsuits, by going to www.ProductsLiabilityBook.com.

Zicam Recall Highlights Difficulties in Pursuing Defective Products Claims in New York

In this article, New York consumer product recall and defective product lawyer Jonathan Cooper discusses why the mere fact that a product was recalled does NOT mean that the company issuing the recall concedes that the product was, or is, defective, or that their product was responsible for causing damage or harm to any particular consumer. For additional information on this important topic, and how it may affect your potential products liability case under New York law, please order or download a copy of Jonathan Cooper's FREE guide to New York products liability claims at www.ProductsLiabilityBook.com.