Products liability

A party injured as a result of a defective product may seek damages against the product manufacturer or others in the chain of distribution if the defect was a substantial factor in causing the injury. A product may be defective when it contains a manufacturing flaw, is defectively designed, or is not accompanied by adequate warnings for the use of the product. A products liability case can be proven without evidence of any particular defect by presenting circumstantial evidence excluding all causes of the accident not attributable to the defendant's product, thereby giving rise to an inference that the accident could only have occurred due to some defect in the product.

A defendant moving for summary judgment dismissing a design defect cause of action must establish, prima facie, that the subject product was reasonably safe for its intended use or that the plaintiff's actions constituted the sole proximate cause of the injuries.

C.B. v. Neal, NY Slip Op 04734 (2d Dep't July 29, 2026)

Here is the decision.

A driver's negligence

A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, a lack of fault in the happening of the accident. A driver is negligent if he makes an unsafe lane change, or fails to see something which, through the proper use of the driver's senses, should have been seen. A violation of the Vehicle and Traffic Law constitutes negligence as a matter of law.

Atali v. Cole, NY Slip Op 04733 (2d Dep't July 29, 2026)

Here is the decision.