New York Product Liability Attorneys

Our firm handles a wide range of product liability matters, including:

• Design Defects
  Products that are inherently unsafe due to flawed engineering or hazardous design choices.
• Manufacturing Defects
  Errors during production that cause a product to deviate from its intended design, making it dangerous to use.
• Failure to Warn or Inadequate Instructions
  Products lacking proper safety warnings, instructions, or disclosures about known risks and side effects.
• Misleading Marketing or Labeling
  False advertising, inaccurate claims, or improper usage guidelines that contribute to consumer injuries.

Defective products appear across nearly every industry. Our attorneys routinely handle cases involving:

• Defective medical devices, including implants, surgical tools, and monitoring equipment
• Dangerous prescription drugs and over-the-counter medications
• Defective auto parts such as airbags, brakes, tires, and seat belts
• Unsafe children’s products and toys
• Defective household appliances and consumer electronics
• Industrial machinery and power tools
• Consumer products sold through Amazon and other online marketplaces
• Construction materials and job-site safety equipment
• Cosmetic and personal care products causing burns or allergic reactions

Defective products can cause catastrophic and life-altering harm. Common injuries include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries and paralysis
• Severe burns and chemical injuries
• Amputations and crush injuries
• Internal organ damage
• Permanent scarring or disfigurement
• Wrongful death

Our attorneys work closely with medical professionals and financial experts to fully document the long-term impact of these injuries.

New York product liability claims may be based on several legal theories, depending on the facts of the case:

Strict Liability

Under New York’s strict liability standard, injured consumers do not need to prove negligence. Instead, they must show that:

• The product was defective,
• The defect existed when the product left the defendant’s control, and
• The defect directly caused the injury.

Negligence

In some cases, plaintiffs may pursue claims based on negligence by demonstrating that a manufacturer, designer, or seller failed to exercise reasonable care in designing, manufacturing, or warning about the product.

Breach of Warranty

Product liability claims may also arise from breaches of express or implied warranties, including guarantees that a product is safe, fit for its intended use, or free from defects.

Comparative Fault

New York follows a comparative fault system. Even if an injured party is partially at fault, they may still recover compensation, though damages may be reduced based on their percentage of responsibility.

Liability in a defective product case may extend to multiple parties in the distribution chain, including:

• Manufacturers
• Component part suppliers
• Designers and engineers
• Distributors and wholesalers
• Retailers, including brick-and-mortar stores and online marketplaces
• Importers of foreign-manufactured products

Our attorneys conduct thorough investigations to identify all responsible parties and maximize available compensation.

Product recalls often play a role in defective product litigation, but they are not required to pursue a claim.

• A recalled product may strengthen a liability case, but injuries may still qualify even without a recall.
• Recalls do not automatically compensate injured consumers.
• A lawsuit can be filed even if a recall has not yet occurred.

Our firm monitors investigations and safety actions conducted by federal agencies such as the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), and the National Highway Traffic Safety Administration (NHTSA).

To succeed in a product liability claim, injured parties must prove that a defect directly caused their injuries. Our attorneys:

• Review medical records and treatment documentation
• Collect and preserve defective products and related evidence
• Interview witnesses and consult engineers, medical professionals, and safety experts
• Evaluate financial losses, including medical expenses, lost income, and future care needs

We work aggressively to recover damages for:

• Medical expenses and ongoing treatment
• Lost wages and diminished earning capacity
• Pain, suffering, and emotional distress
• Long-term disability and rehabilitation needs

What is considered a defective product under New York law?

A product may be considered defective if it contains a design flaw, manufacturing defect, or lacks adequate warnings, instructions, or safety labels that make it unreasonably dangerous.

How long do I have to file a product liability claim in New York?

In most cases, New York allows up to three years from the date of injury to file a product liability lawsuit, though exceptions may apply depending on the facts.

What types of damages can I recover in a product liability case?

Recoverable damages may include medical expenses, lost income, reduced earning capacity, pain and suffering, emotional distress, and long-term disability.

Do I need to prove negligence to succeed in a product liability case?

Not necessarily. Many claims are based on strict liability, which does not require proof of negligence if the product is found to be defective.

Can I sue if I misused the product?

Possibly. If the misuse was foreseeable or the product lacked adequate warnings, a product liability claim may still be viable.

What if the product was purchased online?

Products purchased through online marketplaces may still give rise to claims against manufacturers, distributors, and sometimes the platform itself.

What if I no longer have the defective product?

A claim may still be pursued using photographs, purchase records, medical documentation, expert opinions, and witness testimony.

Are product liability cases expensive to pursue?

Most product liability cases are handled on a contingency fee basis, meaning legal fees are only collected if compensation is recovered.

How long do product liability cases take?

The timeline varies based on case complexity, number of defendants, and whether the matter settles or proceeds to trial.

What if my injury developed over time?

Some injuries have delayed symptoms. In many cases, the statute of limitations begins when the injury is discovered or reasonably should have been discovered.