ALBANY – New York’s highest court yesterday reinstated a defective design claim against a drain cleaner manufacturer that was brought by a restaurant worker who lost an eye when caustic lye splashed back from a clogged floor drain.
Reversing two lower courts, the Court of Appeals held that the maker of potentially dangerous products must do more when seeking summary judgment on a defective design claim than simply state that its product is dangerous and consumers should be wary when using it. In addition, manufacturers must show their products are reasonably safe for their intended use, the Court agreed.
