Product Liability Lawyer in New York City

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Complex Business Litigation Attorneys

Manufacturers in New York must produce safe items that comply with consumer protection laws. When manufacturers make a defective product that hurts someone, they can be held liable for injuries.

If you have injuries from a dangerous or defective consumer product you purchased, you need to speak to a New York City personal injury lawyer from Napoli Shkolnik. We can help you file a product liability claim against the manufacturer to recover compensation for your medical bills, lost work income, and more.

Contact our team today to discuss your claim with a product liability lawyer in New York City. We’ve recovered over $20 billion in settlements and verdicts.

Why Choose Napoli Shkolnik for Legal Representation?

Napoli Shkolnik is a nationally recognized personal injury law firm with a proven track record of successful case results. We are known for our efficient approach to litigation that utilizes in-house medical review teams and former claims adjusters.

We excel at developing novel legal solutions for common problems and prepare every case with the same level of care and attention.

We have secured several multi-million- and even multi-billion-dollar settlements for product liability cases, such as:

A $12.5 billion settlement in multi-district litigation over water contamination from defective water-based agents
A multimillion-dollar settlement for permanent injuries due to defective furniture
A $1.3 million verdict for injuries due to defective elevator machinery
A $1 million settlement for severe hand injuries due to defective machinery

Our team also has experience with complex mass tort litigation that can intersect with product liability claims. Call us today to learn why tens of thousands of clients have chosen us for legal representation.

What Does Product Liability Mean?

Product liability is the legal doctrine that can hold product designers and manufacturers liable when defective products they make cause injuries to consumers.

Under New York product liability law, responsibility can extend to any entity involved in the design, creation, shipping, or sale of the defective product.

Common Defective Products That Can Cause Injury

Virtually any product can be dangerous if it has manufacturing or design defects.

Below are some common types of defective consumer items that may cause injury:

Auto parts (e.g., tires, brakes, ignition systems, etc.)
Medical devices (e.g., pacemakers, insulin pumps, transvaginal mesh, etc.)
Pharmaceutical products
Household appliances (e.g., furnaces, ovens, home heaters, etc.)
Children's toys
Baby products (e.g., cribs, strollers, infant formula, etc.)
Electronics with lithium-ion batteries
Furniture
Power tools and machinery

Types of Product Liability Claims in New York

Product liability laws allow injured victims to sue manufacturers for injuries due to defective products.

There are three primary ways in which a product can be considered defective under a product liability claim:

Manufacturing Defects

Primarily, products can be defective due to individual errors in the manufacturing process.

For example, defective tires may have imperfections from rubber contamination that cause them to rupture under normal operating conditions. Manufacturing flaws typically affect only individual products or a specific batch.

Dangerous Design

Product defects may also be due to defective product design. These are products that cause injury due to inherent design flaws, not due to specific manufacturing errors.

Defective designs can affect an entire product line and lead to mass-tort litigation if multiple individuals are injured.

Failure to Warn

Failure to warn is a type of marketing defect in which products lack proper instructions or warnings for use.

For instance, a medication that doesn't list known adverse reactions would be defective from a marketing standpoint. These claims don't focus on physical or design flaws, but on flaws in how manufacturers provide information about product safety and safe use.

New York Uses Strict Liability for Defective Product Injury Claims

In New York, product liability claims are typically pursued under a theory of strict liability. According to strict liability, product designers and manufacturers can be automatically liable when defective products cause injuries, regardless of whether they were negligent.

So long as the product caused injury and had material, design, or marketing defects, the manufacturer is responsible.

Alternatively, product liability claims can be pursued on a breach of warranty basis. According to this argument, defective products failed to uphold the manufacturer's explicit or implicit promises about the product's safety and performance.

Compensation You Can Recover in a Product Liability Lawsuit in New York City

Through a lawsuit, a product liability lawyer in New York City can pursue economic damages and non-economic damages for your injury-related losses, such as:

Emergency medical bills and future necessary medical treatment
Specialist care, surgeries, rehabilitative therapy, prescription medication, etc.
Lost work income and the value of other lost employment compensation
Diminished lifetime earning capacity due to disability or impairment
Pain and suffering, emotional distress, and mental anguish
Discomfort and inconvenience from scarring and disfigurement

Our team can represent you during settlement negotiations and hold insurers accountable to their payment obligations. We can also push for additional punitive damages if there is evidence that manufacturers deliberately violated product safety laws and caused you harm.

How Long Do I Have to File a Product Liability Claim in New York?

NY CPLR 214 generally gives you three years to file a product liability lawsuit. Most of the time, after the statute of limitations expires, your legal right to financial damages will expire.

The three-year timer starts counting from the date that you received your injuries or discovered your condition. Unlike some other states, New York doesn't have a general statute of repose for product liability claims, so it doesn't matter how long ago you bought the defective product.

Although three years is the typically referenced statute of limitations, there are many situations that can alter this timeline. That’s why it’s important to contact a lawyer to see if any exceptions apply to your case.

Contact Us to Speak to a NYC Product Liability Lawyer

Regardless of whether you've been injured by a defective medical device or household appliance, Napoli Shkolnik can help you secure justice and closure. Contact our offices online or call us by phone to speak to a product liability lawyer in New York City.

Case evaluations are free, so there is no risk to getting in touch.