Legal Question in Product Liability in New York

I am an electricl contractor

Licensed and insured- I installed a large transformer which needed to be rigged into place and a room had to be built around it

When we went to energize it- it malfuctioned

Tested the equipememnt - used up expensive fuses etc.

Came to th econclusion its the equipment and not the instalaltion

Manufacturer want us to send it back -

They will test and repair or exchage another product

They will assume frieght charges back and forth

Who is liable for the labor an dmaterial to remove and reinstall

This is going to require removing a wall etc,

ART


Asked on 10/12/10, 1:31 am

1 Answer from Attorneys
Paul Ciminelli Ciminelli & Ciminelli Attorneys & Counselors at Law

Art,

This is a tough question. Much will have to do with whatever agreement exists based upon written warranties from the manufacturer and any other equitable theories that can be interjected into the claim. This is truly one of the times you should spend some time with an attorney to review the details of the circumstances.

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Answered on 10/17/10, 6:12 am


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