A New York Product Liability Lawyer Explains Product Liability

When you bring a product into your home—whether it’s a household appliance, a child’s toy, or a piece of furniture—you trust that it will perform as intended and keep your family safe. But what happens when that trust is broken? A defective product can turn an ordinary day into a life-changing event, causing injuries and financial strain you never anticipated. 

If you’ve been hurt by a product you relied on, you’re not alone, and you have legal options. In this blog, a New York product liability lawyer explains how product liability laws protect consumers, what’s involved in pursuing a claim, and practical steps to take after an injury to safeguard your rights.

What Is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for harm caused by defective or dangerous products. Defects can include poor design, manufacturing errors, or inadequate warnings. For example, a poorly designed child’s car seat that doesn’t secure properly, a batch of medication contaminated during production, or a power tool sold without safety instructions could all lead to preventable injuries.

New York follows strict liability principles for product liability claims. This means that you don’t need to prove negligence; you only need to show that the product was defective and caused your injuries. 

Who Can Be Held Liable?

Multiple parties in the supply chain can be held accountable for defective products, including:

• Manufacturers: The company that designs and produces the product
• Distributors: Entities that transport the product to retailers
• Retailers: The store or seller that made the product available to you

In New York, this broad scope of liability assures that every party involved in bringing the defective product to market is held accountable. This approach not only protects consumers but also promotes safer practices throughout the supply chain.

Proving Your Product Liability Case

When a product causes an injury, you may have the right to hold the company that made or sold it accountable. To build a strong case, you’ll need to show that the product was defective and that the defect caused your injury. There are three main ways to approach a product liability claim:

Negligence

Companies that manufacture or sell products are required to provide items that are reasonably safe for use and to warn consumers about any potential dangers. When they fail to meet these responsibilities, it’s considered negligence. Examples include design flaws, mistakes during production, or not including proper warnings or instructions. If this carelessness leads to a defective product that causes harm, the company may be held responsible.

Breach of Warranty

A warranty is an assurance from a manufacturer or seller about the quality, safety, or performance of a product. Warranties can be expressed (specific statements about how the product will function) or implied (the general expectation that the product is safe and fit for its intended purpose). If a product does not meet these assurances and causes injury while being used as intended, the company may be liable for damages.

Strict Liability  

Strict liability focuses on the product itself rather than the manufacturer’s actions. To prove strict liability, you must show that the product was defective, the defect caused your injury, and the product wasn’t altered after purchase. While you don’t need to prove negligence, misuse or significant changes to the product can weaken your case.

Act Quickly

In New York, the statute of limitations for product liability claims is typically three years from the date of your injury to file a claim. For wrongful death cases, the deadline is shorter. Waiting too long could mean losing your chance to hold the company responsible.

Types of Compensation You Can Recover

You may recover compensation for medical expenses, lost wages, pain and suffering, and, in rare cases, punitive damages. These damages address the financial and emotional impact of your injuries, while punitive damages are meant to punish egregious wrongdoing.

Steps to Take After a Defective Product Injury

If you’ve been injured by a defective product, taking immediate action can protect your rights. Start by preserving the product in its current condition, along with any packaging or receipts. Avoid making repairs or alterations that could affect the evidence. 

Document everything, including photos of your injuries, the defective product, and the scene where the incident occurred. Seek medical attention promptly, as this not only safeguards your health but also creates vital records for your case. Finally, reach out to product liability attorneys who can help you pursue compensation for your injuries and hold negligent parties accountable.

These steps are not only vital for your recovery but also serve to strengthen your case against negligent parties.

How to Protect Yourself from Defective Products

While injuries caused by defective products can be devastating, there are steps you can take to minimize risks and protect yourself as a consumer:

• Research Products Before Buying: Check product reviews, recall notices, and consumer safety websites such as SaferProducts.gov. These resources can alert you to known defects or safety issues. 
• Follow Instructions and Warnings: Always read the manufacturer’s instructions and safety warnings before using a product. Misuse or failure to follow instructions could not only lead to injury but also weaken your ability to file a claim. 
• Register Your Products: Many manufacturers include product registration cards or online registration options. Registering your product makes sure you’ll receive recall notices or important safety updates. 
• Report Defects: If you notice a defect, report it to the manufacturer or retailer immediately. This can protect others from injury and strengthen any claim you may have to file.

Proactive steps like these won’t eliminate every risk, but they can help you make informed decisions and reduce potential harm.

Your Rights as a Consumer

As a consumer in New York, you are protected by laws requiring manufacturers and sellers to provide safe products. If a product causes harm, you have the right to seek compensation and participate in recalls for unsafe items. Laws like General Business Law § 349 also hold companies accountable for deceptive trade practices.

When a defective product disrupts your life, acting quickly is essential. By taking the right steps and consulting a lawyer, you can protect your rights and work toward a resolution that addresses your losses. Remember, product liability laws are in place to safeguard your well-being and promote safer practices in the marketplace.

Take Action to Protect Your Rights After a Defective Product Injury

For over 30 years, The Harrison Law Group, P.C. has stood out for our commitment to truly listening to our clients and understanding their unique experiences. This personalized approach allows us to build strong cases that reflect the impact of your injury. We are dedicated to fighting for fair and just compensation if you’ve been harmed by defective products in New York.

Our product liability lawyers will investigate your case, identify responsible parties, and pursue fair compensation for your injuries. If a settlement isn’t reached, we’re ready to represent you in court. Throughout the process, we’ll keep you informed, answer your questions, and provide the support you need during this difficult time.

Remember, the sooner you contact us, the quicker we can start protecting your rights and addressing your needs. Call us at (631) 465-9797 or fill out our confidential online form today to schedule your FREE consultation and strategy session. Let our Melville personal injury lawyers take the pressure off your shoulders so you can focus on what matters most—your recovery and your future.

Copyright © 2024. The Harrison Law Group, P.C. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

The Harrison Law Group, P.C.
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Melville, New York 11747
(631) 465-9797
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