New York City Product Liability

When a product causes injury because it was poorly designed, defective in manufacture, malfunctioned, or because it failed to live up to warranty claims about performance, the injured person may seek recovery against a range of defendants, including parts suppliers, the designer/manufacturer, and even retailers, all of whom played a role in placing the dangerous/defective product into the stream of commerce.

What Are the Elements of a Product Liability Case?

A plaintiff in a product liability case can proceed using a number of legal theories:

Negligence

In these cases, an injured person alleges that a manufacturer was negligent (that is didn’t use the care that an ordinary manufacturer would) in designing, manufacturing, or in failing to warn of a product’s danger and that the negligence caused the injury.

Breach of Warranty

In these cases, a manufacturer has warranted that a product performs in a specific way; when that performance fails, causing injury to the purchaser or to a foreseeable user, the manufacturer (and retailers) may be liable.

Strict Liability

This theory is increasingly prevalent for products that cause injury because it is very difficult to prove that a product was negligently designed or manufactured. It is very similar to a breach of warranty claim. While strict liability is not absolute, this theory does away with your need to prove the defendant was at fault in its actions; rather, the theory focuses on the dangerousness of the product in and of itself. To prove a strict liability product liability case, the plaintiff must show that:

• The defendant is in the business of selling and actually sold a product (this includes everyone in the chain of distribution, from parts suppliers to the retailer);
• The product was in a defective condition and was therefore unreasonably dangerous and caused injury to the plaintiff. Defective can mean in design, in manufacture, or in warnings;
• The product had not been altered in any way from when it was sold.

The plaintiff does not need to show that the defendants knew the product was defective and dangerous. But if a plaintiff contributes to his own injury, a strict liability theory is undermined.

How Long Do You Have to File a Product Liability Lawsuit?

In New York, the statute of limitations for product liability cases typically spans three years from the date of injury, or three years from the date of the discovery of the injury caused by a defective product. This means that individuals have a three-year window within which they must file a lawsuit against the manufacturer, distributor, or seller of the product to seek compensation for damages. There are a few exceptions to this rule, particularly in cases involving latent injuries where the discovery of harm may not be immediate. It’s crucial for individuals involved in potential product liability claims to consult with a qualified attorney as soon as possible to understand the specific nuances of their case and ensure compliance with applicable statutes of limitations.

Damages Available For Product Liability Claims in New York

In New York, individuals who prevail in product liability cases may be entitled to various types of damages designed to compensate them for the harm they have suffered due to a defective product. These damages typically fall into two main categories: economic and non-economic damages.

Economic damages aim to reimburse the plaintiff for quantifiable financial losses suffered as a result of the defective product. These could include medical expenses, rehabilitation costs, lost wages or earning capacity, property damage, and any other out-of-pocket expenses directly related to the injury the defective product caused.

On the other hand, non-economic damages are meant to compensate the plaintiff for more intangible losses that cannot easily be measured in money. These may include pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life. Determining the appropriate amount of non-economic damages often involves subjective factors and may vary depending on the injury’s severity, its impact on the plaintiff’s quality of life, and other relevant considerations.

Additionally, punitive damages may be awarded in cases where the defendant’s conduct is found to be particularly egregious or reckless, serving as a deterrent to similar wrongdoing in the future. Overall, the availability and calculation of damages in product liability cases in New York can be complex, and it’s essential for plaintiffs to seek guidance from experienced legal counsel to ensure they pursue the full extent of compensation they are entitled to under the law.

How Our Product Liability Attorneys Can Help You

A product liability attorney plays an important role in helping individuals navigate the complexities of pursuing a claim against manufacturers, distributors, or sellers of defective products. Firstly, they offer expertise in assessing the merits of a case, conducting a thorough investigation to determine liability, and gathering evidence to support the claim. This includes examining the product’s design, manufacturing process, labeling, and any other relevant factors that may have contributed to the injury.

Furthermore, a product liability attorney can provide valuable guidance throughout the legal process, advocating for the rights of their clients at every stage. They handle communications with insurance companies, negotiate settlements, and, if necessary, litigate the case in court to seek fair compensation for the damages suffered by their clients. They have the knowledge and experience to navigate the intricate web of state and federal laws governing product liability, ensuring that their client’s rights are protected at all times and that they receive the maximum compensation available under the law.

Additionally, product liability attorneys often work with a network of experts, including engineers, medical professionals, and industry specialists, to strengthen their clients’ cases and present compelling arguments in court. By leveraging their resources and legal knowledge, these attorneys help level the playing field for individuals who have been harmed by defective products, allowing them to seek justice and hold negligent parties accountable for their actions. Ultimately, enlisting the services of a skilled product liability attorney can make a significant difference in the outcome of a case and can provide clients with the support they need to receive the compensation they deserve.

Request a New York City Product Liability Attorney

The window you have to pursue a product liability claim can be very short. If you think you may have a product liability claim and would like to talk to one of our attorney referral counselors about your legal issue, call the LRS today.

When you call the LRS to speak to one of our attorney referral counselors, all the information you provide to the counselor will be kept confidential to the fullest extent possible under the law. The referral counselor will ask you some questions to better understand your legal issue and to determine which one of our lawyers is best suited to handle your issue. If a referral to an LRS lawyer is not appropriate or necessary, the attorney referral counselor can offer you other options or further information to help you resolve your issue another way.

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