NYC Product Liability Lawyers
When defective products cause injuries, New York's strict liability law holds manufacturers accountable. No need to prove negligence. We prove the defect and fight for full compensation.
Product Liability in New York: Key Facts
When Products Fail, Manufacturers Pay
Every product you buy should be safe for its intended use. When a manufacturer releases a defective product into the market, and that product injures you, New York law provides a powerful remedy: strict liability. You do not need to prove the manufacturer was careless. You only need to prove the product was defective and that the defect caused your injury.
Product liability cases require technical expertise, access to engineering and medical experts, and the resources to take on large corporations. At AEE Law, we have spent over 35 years holding manufacturers accountable for dangerous products that injure New Yorkers.
How Strict Liability Works in New York
New York follows the strict liability standard established in Codling v. Paglia and subsequent cases. Under this framework, a manufacturer who places a defective product into the stream of commerce is liable for injuries that product causes. The injured person must prove:
- The product was defective when it left the manufacturer's control
- The defect made the product unreasonably dangerous for its intended or reasonably foreseeable use
- The defect caused the injury
This standard applies to all parties in the distribution chain. The manufacturer, the component maker, the distributor, and the retailer can all be held liable.
Three Theories of Product Defect
New York recognizes three distinct theories. A design defect means the product's overall design is inherently unsafe. A manufacturing defect means a specific unit deviated from the intended design during production. A failure to warn means the product lacked adequate warnings about known risks. We often pursue all three theories simultaneously.
Types of Defective Product Cases
We handle a wide range of product liability claims:
- Medical devices. Defective implants, surgical instruments, pacemakers, hip replacements, hernia mesh
- Pharmaceuticals. Dangerous drug side effects, contaminated medications, inadequate warnings
- Motor vehicle parts. Defective tires, airbags, brakes, seatbelts, ignition switches
- Children's products. Toys with choking hazards, defective car seats, cribs, strollers
- Household appliances. Space heaters, pressure cookers, washing machines that catch fire
- Power tools and machinery. Missing guards, defective safety mechanisms, electrical failures
- E-bikes and lithium batteries. Battery fires, charging defects, electrical malfunctions
- Food products. Contamination, foreign objects, undisclosed allergens
Proving a Product Liability Claim
Product liability cases are technical. We work with engineers, metallurgists, pharmacologists, and other experts to analyze the defective product and establish the link between the defect and your injury. Our approach includes:
- Product analysis. Expert examination of the defective product or its components
- Recall and complaint research. CPSC, FDA, and NHTSA databases for prior incidents
- Internal documents. Discovery of company emails, testing records, and safety reports
- Medical expert testimony. Establishing the causal link between the defect and your injury
- Industry standards review. Comparing the product against applicable safety standards
Preserve the Product
If you still have the defective product, do not throw it away, repair it, or alter it in any way. The product is critical evidence. Store it in a safe place and photograph it from multiple angles. If the product has been recalled, save all recall notices and correspondence.
Who Is Liable?
New York's product liability law holds the entire distribution chain accountable:
| Party | Role | Liability |
|---|---|---|
| Manufacturer | Designed and built the product | Primary liability for all defect types |
| Component maker | Supplied defective parts | Liable for component defects |
| Distributor | Moved product through supply chain | Strictly liable in NY |
| Retailer | Sold product to consumer | Strictly liable in NY |
We identify every party in the distribution chain and pursue claims against all of them. This maximizes the available insurance coverage and increases your total recovery.
Statute of Limitations and the Discovery Rule
The general statute of limitations for product liability in New York is three years from the date of injury. However, the discovery rule can extend this deadline in certain situations. If you could not reasonably have known that a product caused your injury until a later date, the clock may start from the date of discovery rather than the date of injury.
This is particularly relevant for pharmaceutical cases, where side effects may not appear for years, and for medical device cases, where an implant may fail long after surgery.
Common Injuries
Product defects cause a wide range of injuries depending on the product type:
- Burns. From electrical malfunctions, battery fires, and defective appliances. See our burn injuries page.
- Traumatic brain injury. From defective helmets, vehicle parts, and safety equipment. See our TBI page.
- Fractures. From structural failures, defective ladders, and equipment collapses. See our broken bones page.
- Internal injuries. From defective medical devices and pharmaceutical reactions. See our internal injuries page.
- Amputation. From defective machinery and power tools without proper guards. See our amputation page.
- Disfigurement. From chemical burns, explosions, and product malfunctions. See our disfigurement page.
What Compensation Is Available?
People injured by defective products may recover:
- Medical expenses. Emergency care, surgery, hospitalization, rehabilitation, future treatment
- Lost wages. Time missed from work during recovery
- Reduced earning capacity. If injuries affect future employment
- Pain and suffering. Physical pain and emotional distress
- Punitive damages. When the manufacturer knew about the defect and failed to act
- Loss of enjoyment of life. Activities you can no longer do
What We Do for You
We investigate the product, retain the right experts, and build a case that establishes the defect and its connection to your injury. We handle discovery, depositions, and expert witness preparation. We negotiate with manufacturers and their insurers from a position of strength.
Large corporations have teams of lawyers defending product liability claims. We match their resources and prepare every case for trial.
Related Practice Areas
- Medical Malpractice. When medical devices or procedures cause harm
- Workplace Injuries. Defective equipment on the job
- Construction Accidents. Defective tools and safety equipment at job sites
- Bicycle Accidents. E-bike battery fires and defective cycling equipment
Related Guides and Analysis
- Strict Liability vs. Negligence in New York
- NYC Bicycle Helmet and No-Fault Rules
- NYC Construction Deaths: A Decade of Data
- E-Bike Crashes in NYC
Codling v. Paglia, 32 N.Y.2d 330 (1973). Establishing strict liability for product manufacturers in New York.
U.S. Consumer Product Safety Commission. Product recall database and safety reports.
https://www.cpsc.gov/RecallsNew York CPLR § 214. Statute of limitations for personal injury actions.
https://www.nysenate.gov/legislation/laws/CVP/214Frequently Asked Questions
What is strict liability and why does it matter for product cases?
Under New York law, manufacturers, distributors, and retailers are strictly liable for injuries caused by defective products. This means you do not need to prove they were negligent. You only need to show the product was defective and that the defect caused your injury. This is a powerful legal standard that shifts the burden away from injured consumers.
What are the three types of product defects?
New York recognizes three types: design defects (the product's design is inherently unsafe), manufacturing defects (a specific unit was improperly made during production), and failure to warn (the product lacked adequate warnings or instructions about known risks). Each theory has different proof requirements, and we often pursue multiple theories in a single case.
Who can I sue in a product liability case?
You can sue anyone in the product's chain of distribution: the manufacturer, the component part maker, the assembler, the distributor, the wholesaler, and the retailer. New York law holds all parties in the distribution chain potentially liable. We identify every responsible party to maximize your recovery.
How long do I have to file a product liability lawsuit in New York?
The general statute of limitations is three years from the date of injury. However, the discovery rule may extend this deadline if you could not have reasonably known the product caused your injury until later. For example, pharmaceutical injuries may not manifest for years. We evaluate your specific timeline to ensure your claim is filed on time.
Do I need to still have the defective product?
Having the product strengthens your case significantly, but it is not always required. We can use medical records, photos, purchase receipts, recall notices, and expert analysis to build a case even when the product has been discarded or destroyed. If you still have the product, preserve it exactly as it was at the time of your injury. Do not repair, alter, or throw it away.
What if the product was recalled after my injury?
A product recall is strong evidence that the manufacturer knew about the defect. Recalls by the CPSC or FDA demonstrate that the product posed an unreasonable risk. We use recall data, internal company documents, and other complaints to strengthen your claim. You may have a case even if the recall happened after your injury.
Can I sue if I was injured by a medication or medical device?
Yes. Pharmaceutical and medical device cases are among the most complex product liability claims. These cases often involve failure to warn about side effects, manufacturing contamination, or design defects that make the device unreasonably dangerous. We work with medical experts who can establish the link between the product and your injury.
What compensation can I recover in a product liability case?
You may recover medical expenses (past and future), lost wages and reduced earning capacity, pain and suffering, disfigurement, loss of enjoyment of life, and in cases of egregious corporate conduct, punitive damages. Punitive damages are designed to punish the manufacturer and deter future dangerous conduct.