Under these circumstances, the evidence was sufficient to raise questions for the jury as to whether the trash compactor was reasonably safe, whether the allegedly defective design was a substantial factor in the plaintiffs accident, and whether the plaintiff was aware of the potential hazard (see Guaman v Industry City Mgt., 40 AD3d 698, 699 [2007]; Nagel v Brothers Intl. Food, Inc., 34 AD3d 545, 547 [2006]; Giunta v Delta Intl. Mach., 300 AD2d 350, 352 [2002]). The court’s failure to charge on negligent design, failure to warn, and breach of implied warranty was erroneous and prejudicial. Accordingly, a new trial is required (see Slatsky v Great Neck Plumbing Supply, Inc., 29 AD3d 776, 777 [2006]; Maloney Carpentry, Inc. v Budnick, 19 AD3d 378, 378-379 [2005]).
In light of this determination, the plaintiff’s remaining contentions have been rendered academic. Rivera, J.P., Skelos, Santucci and Leventhal, JJ., concur.
