One area of legal expertise for Berkowitz and Hanna LLC involves product liability claims, which can result from negligence, strict liability, or breach of warranty. In order to bring a claim against a product manufacturer, one must prove that the product is defective. There are three main types of product defects: design, manufacturing, and marketing. With marketing, this refers to factors such as poor instructions, packaging/labeling errors, or failure to warn consumers of certain dangers associated with the product.
Such is the case with a recent claim filed in Pennsylvania involving a 2013 bus accident that names both Garmin and TomTom (two leading GPS manufacturers), among other parties. According to The Legal Examiner, these two manufacturers played a role in a 2013 accident that injured 10 and left a teenage boy paralyzed. The claim states that the products’ navigation systems neither took into account the height of the vehicle nor offered any warnings about height restrictions.
Apparently, the driver’s GPS routed him onto a road with a height restriction, which the bus exceeded. Also, the driver allegedly was looking at the device at the time of the crash and failed to recognize road-warning signs.
In handling Connecticut product liability and automobile accident cases, Berkowitz and Hanna LLC notes that each case will have its own unique set of facts. In this Pennsylvania case, it will be up to a jury to determine whether the defendants were indeed at fault.
Please note: Berkowitz and Hanna LLC does not represent any of the parties in this case.
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