Products used in an industrial setting, such as forklift trucks, are typically designed to offer the purchaser the option of choosing certain safety features and excluding others that are available. The particular setting where the product will be used (its operating environment) will dictate which safety features are necessary, which may be undesirable, or in some instances, which may increase the risk of injury to the user. At the end of the day, New York courts have held that the decision as to which optional safety feature is appropriate is the responsibility of the purchaser – not the manufacturer – if it can be shown that the purchaser possesses sufficient knowledge about the product and the environment where it will be used.
Joe Wodarski is a civil litigator with wide-ranging experience defending personal injury and property damage claims. Whether he is defending a product liability matter or a construction-related case, Joe handles all phases of litigation up to and including trial and appeal in New York state and federal courts. He also has experience supervising national client engagements.