New York Product Liability Lawyer – Serving NYC & Long Island

You generally must show that the product was defective, that the defect existed when it left the defendant's control, and that the defect was a substantial factor in causing your injury. A defect can be a manufacturing flaw in a particular unit, a design that was unreasonably dangerous when a feasible safer alternative existed, or inadequate instructions or warnings. You do not always have to prove the company was careless, because New York applies strict liability to defective products.

Often, yes. In New York, strict liability can extend beyond the manufacturer to distributors and retailers that sold the product in the normal course of business, even if they did not design or make it. This matters when the manufacturer is overseas, out of business, or hard to reach. Retailers that are held responsible may in turn seek reimbursement from the manufacturer, but that dispute is between the companies and does not reduce your right to pursue the claim.

The general deadline is three years from the date of injury. For injuries caused by the latent effects of exposure to a substance, the three years usually begins when the injury was discovered, or should reasonably have been discovered. Other rules can shorten or extend the time, such as deadlines for wrongful death claims or tolling for injured children. Because the deadline is strict and the calculation depends on your facts, have it reviewed as soon as possible.

Usually. New York follows pure comparative fault, which means your compensation is reduced by your share of responsibility rather than eliminated. A manufacturer may argue that you misused the product, ignored a warning, or modified it. Misuse that was reasonably foreseeable does not automatically defeat a claim, because manufacturers are expected to anticipate common ways people actually use their products. Substantial alterations made after sale, however, can be a significant defense.