Defective products.

Practice point: A manufacturer may be held liable when its product contains a manufacturing flaw, is defectively designed or is not accompanied by adequate warnings for the use of the product. A defectively designed product is one that is in a condition not reasonably contemplated by the ultimate consumer and is unreasonably dangerous for its intended use.

Student note: To recover for injuries caused by a defective product, the defect must have been a substantial factor in causing the injury, and the product must have been used for the purpose and in the manner normally intended or in a manner reasonably foreseeable.

Case: Hartnett v. Chanel, Inc., NY Slip Op 05477 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Employment discrimination based on disability.