If you’ve been hurt by a product that didn’t work the way it was supposed to, you may be wondering whether you can take legal action in New York. Maybe the product malfunctioned, didn’t have proper warnings, or was simply unsafe from the start. In these situations, New York law allows you to hold the company behind the product accountable.
Defective product cases, also known as product liability claims, are often more complex than people realize. It's not just about proving the product was dangerous—you also need to show how it caused your injury and who is legally responsible. In this article, we’ll walk through how these cases work in New York and what steps you should take if you’re thinking about filing a claim.
What Counts as a Defective Product?
In general, a product is considered defective if it poses an unreasonable risk to users when used as intended—or even as reasonably anticipated. There are three common categories of defects that would be recognized in New York:
Design Defects
These are flaws in the way a product was originally planned or engineered. Even if made perfectly, the item is unsafe due to its design. An example might be a tool that lacks guards to protect the user from injury.
Manufacturing Defects
A product might be well-designed, but something goes wrong during production. If just a few items come off the line faulty due to poor materials or errors in assembly, that’s a manufacturing defect.
Failure to Warn
Sometimes, a product needs to include instructions or warnings to be used safely. If those warnings are missing or unclear—and someone gets hurt as a result—the company may be liable.
Who Can Be Held Responsible?
In New York, more than one party can be named in a defective product lawsuit. Besides the manufacturer, others in the distribution chain may also be liable, such as:
- Wholesalers
- Retailers
- Importers
You don’t even have to be the one who bought the product to file a claim. If you were injured while using it, you still have legal rights.
Types of Legal Claims You Can Bring
There are a few different legal theories under which you can sue:
- Strict Liability: You only need to prove the product was defective and caused your injury—you don’t need to show the company was careless.
- Negligence: This means showing that the company failed to act reasonably in designing, producing, or warning about the product.
- Breach of Warranty: If the product didn’t meet the promises made by the company (express or implied), you may be able to sue under warranty law.
Filing Deadlines in New York
Most product liability lawsuits in New York must be filed within three years from the date of injury. If you wait too long, your case could be dismissed—no matter how strong it is. That’s why it’s important to speak with a lawyer as soon as possible.
Proving Your Case
To succeed in a product liability claim, you’ll need to show:
- The product was defective
- You were using it as intended (or in a foreseeable way)
- You were injured as a result
You’ll also need evidence to back up your claims. That includes medical records, the product itself (if available), photos of the defect or your injuries, witness statements, and proof of your financial losses like medical bills or missed work.
What Compensation Can You Recover?
If your lawsuit is successful, you may be entitled to recover:
- Medical expenses
- Lost income
- Costs for future treatment or rehab
- Pain and suffering
- Emotional distress
In some rare cases involving extreme misconduct, punitive damages might also be awarded.
Call Brandon J. Broderick For Legal Help
When you’re injured by a defective product, it’s not just frustrating—it can turn your life upside down. The legal team at Brandon J. Broderick, Attorney at Law, understands what you’re going through and knows how to fight back against manufacturers, retailers, and their insurance companies.
We take the time to listen, investigate thoroughly, and build strong cases aimed at full and fair compensation. If you’ve been injured by a faulty product, don’t wait. Reach out today for a free consultation.