New York Product Liability Lawyer

It is estimated that over 12.7 million people in the United States are treated in emergency departments each year for injuries related to consumer products. These injuries range from minor cuts and bruises to life-threatening conditions, and in some cases, they are fatal. Unsafe products can be found in nearly every aspect of daily life, including household appliances, children’s toys, medical devices, automotive parts, and industrial machinery. When these products are defective, they can cause serious harm to consumers.

New York law allows victims who have been injured by defective products to seek compensation from manufacturers, distributors, and sellers who are responsible for making or providing unsafe products. Product liability claims can be based on various legal theories, including manufacturing defects, design defects, and failure to provide adequate warnings or instructions. Regardless of how the defect occurred, victims may be entitled to recover damages for medical expenses, lost wages, pain and suffering, and other losses caused by the injury.

Pursuing a product liability claim in New York can be complex, requiring a thorough investigation, expert testimony, and a clear understanding of the applicable laws. Defendants in these cases often have significant resources and legal teams working to avoid liability. That is why it is important for victims to have skilled legal representation. An experienced New York product liability lawyer can help you gather evidence, identify responsible parties, and fight for the full compensation you deserve. If you or a loved one was injured by a defective product, you should not have to face the challenges alone.

Product liability is a type of law that allows you to seek compensation if you are injured because of a dangerous or unsafe product. In New York, these claims can be based on three main legal theories: strict liability, negligence, and breach of warranty. Each of these legal theories provides a different way to hold manufacturers, distributors, and sellers accountable for harm caused by their products.

Strict liability means that a company can be held responsible for an unsafe product even if they were not careless. This applies to products that are dangerous because of design flaws, manufacturing mistakes, or inadequate warnings. If the product caused harm, those responsible may be held accountable without the need to prove they were negligent.

Negligence involves showing that the manufacturer, distributor, or seller did not use reasonable care. This can include failing to properly test the product, using low-quality materials, or not providing clear instructions. If their carelessness led to an injury, you may have a claim.

Breach of warranty means the product did not meet the promises made by the manufacturer or seller. This can include written promises (express warranties) or those recognized by law (implied warranties). If a product caused harm because it did not meet these promises, you may be entitled to compensation.

In Denny v. Ford Motor Co., 662 N.E.2d 730, 639 N.Y.S.2d 250 (N.Y. 1995), the New York Court of Appeals held that strict products liability and breach of implied warranty are separate causes of action. Nancy Denny was injured when her Ford Bronco II rolled over, and she sued Ford, alleging both strict products liability and breach of implied warranty of merchantability. The court found that while the vehicle was not “defective” under strict liability, it was not reasonably fit for its ordinary purpose under warranty law. This case clarified that a product can be safe for some uses but still breach implied warranty if it is unsafe for ordinary use.

If you were injured because of an unsafe product, you should not navigate this process alone. Contact an experienced New York product liability lawyer who can help you understand your rights and guide you through your options.

Product liability claims can involve a wide range of products, including those used daily in homes, workplaces, and healthcare settings. These products can range from simple household items to complex medical devices. Regardless of the product type, when a defect causes harm, the injured party may have the right to seek compensation.

• Household appliances: Appliances that cause electrical fires can lead to devastating home accidents. Faulty wiring, defective heating elements, or malfunctioning controls can cause a product to overheat, resulting in a fire that damages property and endangers lives. Examples include space heaters, toasters, or microwaves that catch fire unexpectedly.
• Children’s toys: Toys that present choking hazards are a serious safety concern for parents. Toys with small detachable parts can be especially dangerous for young children who may put them in their mouths. Manufacturers have a duty to design toys that are age-appropriate and to provide clear warnings about choking risks. are a serious safety concern for parents.
• Medical devices: Devices that malfunction during use can cause severe health complications or even death. Defective pacemakers, artificial joints, or surgical tools can lead to dangerous medical outcomes, leaving patients with permanent injuries. Manufacturers must ensure that these devices are properly tested and safe for use. can cause severe health complications or even death.
• Pharmaceuticals: Medications with dangerous side effects not adequately disclosed can lead to severe health consequences. Some drugs are released without clear warnings about potential adverse reactions, which can result in serious injury or death. Patients who suffer harm from undisclosed side effects may have a valid product liability claim.
• Automobiles: Vehicles with defective brakes, airbags, or seatbelts can cause catastrophic accidents. Design flaws or manufacturing errors in these critical safety features can lead to serious injuries in a crash. Vehicle manufacturers are required to ensure that all safety systems function properly.
• Industrial machinery: Machines with unsafe design features can lead to workplace accidents and severe injuries. Workers may suffer crushing injuries, amputations, or fatalities due to poorly designed equipment or inadequate safety guards. Employers and manufacturers must ensure that industrial equipment is safe for use.

No matter what type of product caused the injury, holding the right parties accountable can be challenging. Manufacturers, distributors, and sellers may all share responsibility depending on the circumstances. Victims may face aggressive defense tactics from companies trying to avoid liability. An experienced New York product liability lawyer can help identify who is responsible and fight for the compensation you deserve.

Product defects are the problems that make a product unsafe to use. They can happen in different ways, such as during production, because of poor design, or because there were no warnings about potential dangers.

• Manufacturing Defects: These defects occur during the production process, making an otherwise properly designed product dangerous. A manufacturing defect can result from poor quality control, the use of substandard materials, or errors in the assembly process. For example, a batch of medication contaminated during production can harm consumers, even though the drug’s formula is safe. Similarly, a vehicle with a missing safety bolt or an appliance with faulty wiring can pose serious risks to users.
• Design Defects: These defects exist in the product’s blueprint or specifications, making the entire product line inherently dangerous, even if manufactured perfectly. Design defects are often identified through a "risk-utility analysis," where courts consider whether the risk posed by the product outweighs its usefulness. For example, a car designed with a high center of gravity that makes it prone to rollovers, or a toy with small detachable parts that pose a choking hazard, may be considered defectively designed. Proving a design defect often requires expert testimony to show that a safer, economically feasible alternative design was available at the time of manufacture. In Cover v. Cohen, 61 N.Y.2d 261 (1984), the New York Court of Appeals addressed design defect claims in a strict products liability case involving a 1973 Chevrolet Malibu. The plaintiff, Astor Cover, was severely injured when the car suddenly accelerated while parking, causing a crash. The court emphasized that a product must be reasonably safe for its intended use, and that design defect claims are evaluated using a risk-utility test, which balances the product's risks against its benefits.
• Failure to Warn (Marketing Defects): These defects occur when a manufacturer does not provide adequate instructions or warnings about the product’s potential dangers. Even a well-designed and properly manufactured product can be dangerous if users are not warned of inherent risks. This type of defect is especially common with products like pharmaceuticals, where users need clear instructions on dosage, side effects, and interactions. For example, a pain reliever without clear warnings about possible stomach bleeding risks or a cleaning product without instructions to use in a well-ventilated area can lead to severe harm. Adequate warnings must be clear, visible, and written in simple language that an average user can understand.

If you or a loved one was hurt by a defective product, you may be entitled to compensation. Contact an experienced New York product liability lawyer to learn about your legal options and to protect your rights.

In a New York product liability case, multiple parties may be held responsible for injuries caused by an unsafe product. Liability can extend to any party in the product’s chain of distribution, depending on the circumstances of the case.

• Manufacturers: This includes the company that designed, produced, or assembled the final product. If the product was inherently unsafe due to a design defect, manufacturing error, or lack of warnings, the manufacturer may be held accountable.
• Component Part Manufacturers: When a product is made using parts from multiple suppliers, any manufacturer of a defective component may be liable. For example, if a vehicle’s airbags malfunction due to a defect, the airbag manufacturer could be held responsible.
• Distributors and Wholesalers: Companies that purchase products from manufacturers and supply them to retailers may also be held liable, especially in strict liability cases. This can apply even if the distributor did not directly cause the defect.
• Retailers: The store or business that sold the product to the consumer can also be held liable. Even if the retailer did not manufacture the product, they can be responsible under strict liability for selling a defective or unsafe item.
• Installers and Service Providers: If a product is improperly installed or serviced, leading to an injury, the company or contractor that provided the installation or service may be held responsible.

Identifying all potentially responsible parties is critical in a product liability case. An experienced New York product liability lawyer can investigate your case and determine who should be held accountable.

If you were injured because of a dangerous or unsafe product, you may be entitled to recover a range of damages. The goal of these damages is to compensate you for the losses you suffered and to hold the responsible parties accountable.

• Medical Expenses: This includes the cost of emergency care, hospital stays, surgeries, doctor visits, prescription medications, physical therapy, and any other treatments related to your injury. Future medical expenses may also be covered if your injury requires ongoing care. Keeping detailed records of your medical bills is essential for recovering these costs.
• Lost Wages: If your injury caused you to miss work, you may be entitled to compensation for the income you lost. This can include wages you missed during your recovery and any paid time off you had to use. In some cases, it may also include bonuses, commissions, or other income you would have earned.
• Loss of Future Earning Capacity: If your injury leaves you with a long-term disability that affects your ability to work, you may be compensated for the loss of future income. This can include reduced earning capacity or the need to take a lower-paying job due to your injury. Expert testimony may be needed to calculate this amount.
• Pain and Suffering: This is compensation for the physical pain, discomfort, and emotional distress caused by your injury. It can include both the immediate pain you experienced and any ongoing suffering you continue to endure. The amount awarded for pain and suffering can vary widely depending on the severity of your injuries.
• Property Damage: If the defective product damaged your personal property, you may be entitled to compensation for repairs or replacement. This can include items like vehicles, electronics, appliances, or other personal belongings that were harmed because of the product.
• Punitive Damages: These are damages meant to punish the defendant for especially reckless or harmful behavior. They are not awarded in every case but may be considered if the manufacturer’s actions showed a willful disregard for safety. Punitive damages are meant to discourage similar conduct in the future.
• Wrongful Death Damages: If the defective product caused the death of a loved one, eligible family members may be entitled to wrongful death damages. These can include compensation for funeral and burial expenses, loss of financial support, and the loss of companionship or guidance. The rules for wrongful death claims are governed by New York law.

Calculating damages in a product liability case can be complex, especially when future medical needs or long-term impacts on your ability to work are involved. Every case is different, and the value of your claim depends on the specific facts and evidence. Carefully documenting your losses and understanding the factors that affect compensation can make a significant difference in the outcome.

In a product liability case, defendants may try to avoid responsibility by using legal defenses. These defenses are strategies used to limit or deny the injured person’s right to compensation.

• Comparative Negligence: This defense claims that the injured person’s own actions contributed to their injury. For example, if a person ignored safety instructions or used the product recklessly, the defendant may argue that the injury was partly their fault. In New York, this means that any compensation awarded may be reduced by the injured person’s percentage of fault.
• Assumption of Risk: This defense is based on the idea that the injured person knew about the product’s dangers but chose to use it anyway. For this defense to apply, the defendant must show that the injured person was aware of the risk and willingly accepted it. An example is using a product with clear safety warnings but ignoring those warnings.
• Product Misuse: Defendants may argue that the product was used in an unintended or unreasonable way, causing the injury. If a product is used in a way that the manufacturer could not have anticipated, and this misuse led to harm, the manufacturer may not be held responsible. For example, using a household cleaner on an unsafe surface may be considered misuse.

• Substantial Modification: This defense is based on the idea that the product was changed after it left the manufacturer’s control, and this change caused the injury. If the product was altered in a way that made it dangerous, the manufacturer may not be liable. For example, modifying a power tool with aftermarket parts that compromise its safety could be considered a substantial modification.

  For example, in Cacciola v. Selco Balers, Inc., 127 F. Supp. 2d 175 (E.D.N.Y. 2001), the plaintiff was injured while operating a baler, a machine used to compress cardboard boxes for disposal or recycling. The injury occurred because the safety interlock switch on the baler was intentionally bypassed with a wire, which allowed the machine to operate even when the safety gate was open. This modification fundamentally changed the baler’s safety design, making it dangerous. The court held that because this bypassing of the safety interlock was a substantial modification that significantly altered the product’s safety features, the manufacturer could not be held liable for any resulting injuries. The court emphasized that a manufacturer is not responsible for injuries caused by a product that has been significantly altered after it leaves the manufacturer’s control.

Defendants in product liability cases often rely on these defenses to avoid responsibility. These arguments can be complex, but they do not mean you are not entitled to compensation. Contact an experienced New York product liability lawyer to protect your rights.

Under New York law, the statute of limitations for product liability claims depends on the type of claim being filed. Understanding these deadlines is critical to protecting your right to seek compensation.

• Personal Injury Claims: The statute of limitations for most product liability claims involving personal injury is three years from the date of injury, according to New York Civil Practice Law and Rules (CPLR) § 214(5). This includes claims involving injuries caused by dangerous or unsafe products, whether due to manufacturing defects, design defects, or failure to warn.
• Wrongful Death Claims: For wrongful death claims involving a dangerous product, the statute of limitations is two years from the date of death, as specified in CPLR § 5-4.1. This applies even if the underlying product liability claim is based on a different theory.
• Discovery Rule: In certain cases, the statute of limitations may be extended by the discovery rule. This rule applies when the injury is not immediately apparent, such as in cases of toxic exposure or defective medical devices that cause harm over time. The three-year period may begin from the date the injury was discovered or reasonably should have been discovered.

Filing your claim on time is essential to protecting your rights. Contact an experienced product liability attorney serving New York to ensure your claim is filed within the applicable deadline.

If you or a loved one were injured by a defective product, it is important to take immediate action to protect your rights. Document your injuries, save the defective product if possible, and seek medical attention. Preserving evidence is important in a product liability case. Our experienced product liability attorneys in New York can guide you through the process of pursuing compensation.

Contact Stephen Bilkis & Associates today at 800.696.9529 to schedule a free consultation. We are available to help victims throughout New York City, Long Island, Westchester County, and surrounding areas, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, and Suffolk County.