When a Product Hurts You Instead of Helping: What Counts as a Defective Product in New York?

Every day, we rely on countless products—from household appliances to medical devices—trusting they will function safely. However, when these products are defective, they can cause serious injuries or even fatalities. In New York, victims of such incidents have legal avenues to seek compensation.

Understanding Product Liability in New York

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries caused by defective products. In New York, these claims are primarily governed by common law principles, including negligence, strict liability, and breach of warranty. 

Types of Product Defects

To establish a product liability claim, it's essential to identify the nature of the defect. New York recognizes three primary categories:

1. Design Defects

These occur when a product is inherently unsafe due to its design, even if manufactured correctly. For instance, a chair designed with a weak support structure that collapses under normal use would be considered to have a design defect. 

2. Manufacturing Defects

These defects arise during the production process, resulting in a product that deviates from its intended design. An example would be a batch of toasters with faulty wiring leading to electrical shocks. 

3. Failure to Warn (Marketing Defects)

This involves inadequate instructions or warnings about a product's potential risks. For example, a medication that doesn't disclose possible side effects may lead to a failure-to-warn claim. 

Who Can Be Held Liable?

In New York, multiple parties in the product's distribution chain can be held accountable:

• Manufacturers: Responsible for design and production.
• Distributors and Wholesalers: Entities that move the product from manufacturers to retailers.
• Retailers: Businesses that sell the product to consumers.

Under the doctrine of strict liability, a plaintiff doesn't need to prove negligence—only that the product was defective and caused harm. 

Statute of Limitations in New York

Victims have a limited window to file a product liability claim. In New York, the statute of limitations is three years from the date of injury or from when the injury was discovered. 

Steps to Take If Injured by a Defective Product

1. Seek Medical Attention: Prioritize your health and obtain a medical record of your injuries.
2. Preserve the Product: Keep the defective item as evidence.
3. Document Everything: Take photographs of the product, injuries, and any relevant scenes.
4. Gather Purchase Information: Retain receipts, warranties, and any correspondence related to the product.
5. Consult an Attorney: Engage a personal injury lawyer experienced in product liability cases to evaluate your claim.

Resources for Further Information

• U.S. Consumer Product Safety Commission: Provides information on product recalls and safety standards.
• New York State Bar Association: Offers resources on legal rights and finding qualified attorneys.

Defective products can have devastating consequences. Understanding your rights and the legal avenues available is crucial. If you've been injured by a faulty product, don't navigate the complexities alone. Our firm is here to help you seek the compensation you deserve.

Contact us today for a free consultation.

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