Oumaron Docoum v. Daimler Trucks North America LLC, et al.

New York City, New York personal injury lawyer represented the Plaintiff who sued the Defendants on product liability theories.



"New York product liability law is based on a combination of negligence, strict liability, and breach of warranty theories.



Negligence



To establish a negligence claim against a product manufacturer, a plaintiff must prove the following elements:



The manufacturer owed the plaintiff a duty of care.

The manufacturer breached that duty of care.

The breach of duty was the proximate cause of the plaintiff's injuries.

The plaintiff suffered damages as a result of the injuries.



Strict liability



Strict liability is a theory of product liability that holds manufacturers and sellers liable for injuries caused by defective products, even if the manufacturer or seller was not negligent. To establish a strict liability claim, a plaintiff must prove the following elements:



The product was defective.

The defect existed when the product left the manufacturer's control.

The plaintiff was using the product in a reasonably foreseeable way.

The plaintiff was injured by the product.



Breach of warranty



A warranty is a promise made by a manufacturer or seller about the quality or performance of a product. If a product fails to meet the terms of the warranty, the buyer may have a breach of warranty claim. There are two main types of warranties: express warranties and implied warranties.



An express warranty is a written or oral statement made by the manufacturer or seller about the quality or performance of a product.

An implied warranty is a warranty that is not written or stated but is implied by law. For example, there is an implied warranty of merchantability, which means that a product is fit for the ordinary purposes for which it is used.



Defenses to product liability claims



There are a number of defenses that a manufacturer or seller may raise in response to a product liability claim. Some common defenses include:



Comparative negligence: This defense is available in negligence cases. It allows the manufacturer or seller to reduce the plaintiff's damages by the percentage that the plaintiff was at fault for the accident.

Assumption of risk: This defense is available in both negligence and strict liability cases. It bars the plaintiff from recovering damages if the plaintiff knew of the danger and voluntarily chose to expose themselves to it.

Product misuse: This defense is available in both negligence and strict liability cases. It bars the plaintiff from recovering damages if the plaintiff used the product in a way that was not reasonably foreseeable.



If you believe that you have been injured by a defective product, you should contact an attorney to discuss your legal options. An attorney can help you determine which legal theory is best for your case and can help you pursue your claim against the manufacturer or seller of the product."



Google Bard

JUDGMENT It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable John P. Cronan, United States District Judge, the jury having returned a verdict in favor of Defendants, and the Complaint is hereby dismissed. So Ordered. (Signed by Judge John P. Cronan on 11/1/2023) (jca) (Entered: 11/09/2023)