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Appellate Court found that there was a triable issue of fact as to whether a bottle of acetaminophen was defective. Kelly v. CVS Pharmacy, Inc., 73 A.D.3d 1019 (2d Dep’t 2010)

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Product liability cases arise when a product causes harm or injury to a consumer due to a defect in its design, manufacturing, or labeling. In such cases, the manufacturer or seller may be held liable for the damages caused.  Product liability cases are complex and require the expertise of an experienced New York product liability lawyer. The case of Kelly v. CVS Pharmacy, Inc. is one such example where the plaintiff filed a product liability claim against CVS Pharmacy claiming that she sustained injuries due to a defective product.
To prove a defective product case, a plaintiff typically needs to demonstrate that the product in question was unreasonably dangerous due to a design flaw, manufacturing defect, or inadequate warning. The plaintiff must show that they suffered an injury or damages as a direct result of the product’s defect. Additionally, the plaintiff must show that the product was being used in a foreseeable manner at the time of the injury, meaning that the product was being used as it was intended or in a way that was reasonably foreseeable by the manufacturer. To establish liability, the plaintiff must identify the party responsible for the defect, which may include the manufacturer, distributor, or retailer of the product. To prove the defect, the plaintiff may rely on expert testimony, product testing, or other evidence that establishes that the product was unreasonably dangerous. If the plaintiff is successful in proving their case, they may be entitled to recover damages for their injuries, including compensation for medical expenses, lost wages, and pain and suffering.

Factual Background
In 2005, the plaintiff, Patricia Kelly, purchased a bottle of acetaminophen from a CVS Pharmacy in Brooklyn, New York. After taking several pills from the bottle, Kelly began to experience severe stomach pain and vomiting. She was taken to the hospital, where she was diagnosed with acute liver failure caused by an overdose of acetaminophen.

Kelly filed a product liability lawsuit against CVS Pharmacy, alleging that the bottle of acetaminophen was defective and lacked proper warnings and instructions for use. She also claimed that the pharmacy was negligent in selling the defective product.

Decision
The trial court dismissed Kelly’s lawsuit, finding that she had failed to establish that the bottle of acetaminophen was defective or that CVS Pharmacy had been negligent. Kelly appealed the decision to the Appellate Division of the Supreme Court of New York.

The appellate court reversed the trial court’s decision and reinstated Kelly’s lawsuit. The court found that there was a triable issue of fact as to whether the bottle of acetaminophen was defective and whether CVS Pharmacy had breached its duty to warn Kelly of the potential risks associated with the product.

Discussion
The Appellate Division’s decision in Kelly v. CVS Pharmacy, Inc. highlights the importance of product safety and proper warning labels. Manufacturers and sellers of products have a legal obligation to ensure that their products are safe for use and that consumers are properly warned of any potential risks associated with the product.

In product liability cases, the burden of proof is on the plaintiff to establish that the product was defective and that the defect caused their injuries. This can be done by demonstrating that the product did not perform as intended, that it lacked proper warning labels, or that it was designed or manufactured in a manner that made it inherently dangerous.

In Kelly’s case, the appellate court found that there was a triable issue of fact as to whether the bottle of acetaminophen was defective and whether CVS Pharmacy had breached its duty to warn Kelly of the potential risks associated with the product. This shows that even if a product appears to be safe and properly labeled, there may still be underlying defects that can cause harm to consumers.

Conclusion
If you or a loved one has been injured due to a defective product, it is important to seek legal representation from an experienced New York product liability lawyer who can help you navigate the legal process and hold the manufacturer or seller accountable for their negligence. The case of Kelly v. CVS Pharmacy, Inc. serves as a reminder that product safety and proper warning labels are crucial in preventing injuries and harm to consumers. By seeking legal help, you can protect your rights and obtain the compensation you deserve for your injuries.

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