1 Elements and Case Citations
- The plaintiff purchased a product from a defendant who is a merchant with respect to goods of that kind;
- The product was defectively designed or manufactured, i.e. not reasonably fit for its ordinary purpose;
- The defect existed when the manufacturer delivered it to the purchaser or user; and
- The defect is the proximate cause of the plaintiff’s injuries.
Subscribers To The New York Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.