When was the last time you bought a new product? Chances are, it was within the last seven days, with research showing that 66% of consumers buy something online at least once a week. While in the vast majority of cases these items perform as designed, on rare occasions a defective product can cause injury and even death.
From faulty lithium-ion batteries and dangerous children’s products to defective medical devices and unsafe consumer electronics, product-related injuries can lead to significant medical expenses, lost income, and long-term physical and emotional suffering. For consumers in New York City and Long Island, understanding how product liability laws work is important, and knowing your rights can help you make informed decisions about protecting your health, finances, and legal interests.
What is Product Liability?
Product liability refers to the legal responsibility manufacturers, distributors, retailers, and other parties may have when a defective product causes injury or harm. New York product liability laws are designed to protect consumers by holding companies accountable for unsafe products they place in the marketplace.
Under New York law, product liability claims generally fall into three categories:
Design Defects
A design defect exists when a product is inherently unsafe because of its original design. Even if manufactured correctly, the product may still pose unreasonable risks to consumers; for example, a vehicle being prone to rolling over in an accident, unsafe power tools, or lithium-ion batteries that easily overheat and explode.
Whatever the case, when pursuing a claim, the courts will typically examine the product closely to determine whether a safer design could have been reasonably adopted.
Manufacturing Defects
Manufacturing defects occur during the production or assembly process. Unlike design defects, these problems often affect only certain batches or individual products, meaning that many products are used without issue. Examples within this category include contaminated food products, faulty appliance wiring, or improperly assembled machinery.
Failure to Warn
Some products carry risks that may not be obvious to consumers, and manufacturers have a legal duty to provide adequate warnings, safety labels, and instructions when foreseeable dangers exist. These kinds of claims could include prescribing prescription medication without proper warnings about side effects, failing to include safety instructions for chemicals, or omitting fire hazards from labels.
How New York Product Liability Laws Work
New York follows a legal doctrine known as strict product liability in many defective product cases. This means injured consumers may not always need to prove that a manufacturer acted negligently; instead, they may show that the product was defective, that the defect existed when the product left the manufacturer or seller, and that the defect directly caused the injury.
New York courts recognize that consumers should not bear the burden of dangerous products entering the marketplace, and that manufacturers, distributors, wholesalers, and retailers may share liability depending on the circumstances of the case.
Injuries Commonly Linked to Defective Products
Product-related injuries can range from being relatively minor to life-altering, and some of the most common injuries seen in product liability claims include:
- Burns
- Electrocution injuries
- Traumatic brain injuries
- Broken bones
- Internal injuries
- Severe lacerations
- Toxic exposure illnesses
- Vision loss
- Spinal cord injuries
The U.S. Consumer Product Safety Commission (CPSC) monitors dangerous consumer products and oversees recalls involving unsafe goods sold throughout the country. Consumers can report hazardous products and review recall notices through the agency’s public database.
Product Recalls and Consumer Safety
A product recall is often issued when a fault is found or injuries occur. Occasionally, federal agencies can also intervene if they have a suspicion of a potential hazard. Consumers sometimes assume that a recall automatically guarantees compensation for injuries, but recalls and legal claims are actually separate matters.
A recall may help support evidence that a product was dangerous, but injured consumers may still need to pursue a legal claim to recover damages. Recent disputes involving online marketplaces have also raised questions about liability for products sold by third-party sellers, and federal regulators and courts continue to examine whether large online platforms may share responsibility for dangerous products sold on their websites.
What to do after an Injury Caused by a Defective Product
If you believe a defective product has caused you injury, then taking certain steps early on may help preserve evidence and protect your legal rights. Your health should always come first, and prompt treatment also creates important medical documentation connecting your injuries to the incident.
If possible, avoid throwing the product away or attempting repairs, as it may become critical evidence in a future claim. You should also take photographs of any visible defects as well as of any receipts, packaging, instruction manuals, and medical records. Manufacturers and insurers may begin investigating quickly after a reported injury, but providing recorded statements without legal guidance may not always be in your best interests.
Defective product cases can be highly technical and often involve large corporations, engineering experts, and extensive investigations. Working with an experienced attorney can help determine whether you may have a valid claim and identify potentially liable parties. You also need to consider timing, and New York generally imposes a three-year statute of limitations for most product liability injury claims. However, some exceptions may apply depending on the nature of the injury, the timing of discovery, or whether toxic exposure was involved.
Protecting your Rights
When you purchase a product, it is reasonable to expect those products to be safe to use. If manufacturers fail to meet that responsibility, whether through design defects, manufacturing defects, or inadequate warnings, the consequences can be devastating for individuals throughout New York City and Long Island.
Here at Siler & Ingber Accident & Injury Attorneys, we know how much of an impact product defects can have on your life. That is why our experienced team is on hand to help you should you or a loved one be affected. Get in touch with us today for a free consultation!
Siler & Ingber Accident & Injury Attorneys
The Law Firm You Can Trust When It Matters Most
Offices: 301 Mineola Blvd., Mineola, NY 11501
Phone: (516) 294-2666
Website: https://www.nylawnet.com/
Email: ringber@nylawnet.com
Serving clients across New York City and Long Island. No fee unless we win your case.