When a product is sold in a condition in which it has to be assembled in order to be used, the assembly instructions are considered to be part of the product. So, if instructions are not included, the product is incomplete, or "defective". That would be a breach of implied warranty under the Uniform Commercial Code. In New York, it could also be the basis of an action for "strict products liability". But then, the question is whether the user was injured by assembling the product without instructions. That could be considered a "superseding intervening cause". In other words, the user should have stopped upon realizing there were no instructions and insisted on receiving them before proceeding.
Answered on Aug 27th, 2012 at 12:01 PM