New York Product Liability Lawyer
An experienced New York product liability lawyer from Meirowitz & Wasserberg can help you file a lawsuit and seek maximum compensation if you were injured by a product. New York law gives you three years to file. Contact us now to see if you have a claim.
Expertise
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Content written by Samuel Meirowitz
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Experienced Personal Injury Attorney
Quick Links
- How Meirowitz & Wasserberg Handles NYC Product Liability Cases
- What Is Product Liability Under New York Law?
- Types of Defective Product Cases We Handle
- Who Can File a Product Liability Lawsuit in New York?
- Common Injuries in NYC Product Liability Cases
- Product Liability Settlements and Compensation in New York
- What To Do After Being Injured by a Defective Product in NYC
- Frequently Asked Questions
How Meirowitz & Wasserberg Handles NYC Product Liability Cases
The product liability lawyers at Meirowitz & Wasserberg, LLP, have decades of experience fighting for people in all five NYC boroughs and across New York state. We handle a wide range of product liability cases, from defective auto parts to pharmaceuticals and medical devices.
For example, our case results include $675,000 for a woman critically injured when her ignition failed and her airbag didn’t deploy.
We are members of the American Association for Justice, and several of our attorneys have been recognized by Super Lawyers and ranked among the Top 100 Trial Lawyers by National Trial Lawyers. We are proud when our clients praise our passion and commitment in testimonials.
Our lawyers have the experience and resources to help you with your New York product liability case. We can conduct thorough investigations, find the right expert witnesses and secure the best product safety specialists to prove your case. We treat every case with individual care and never back down during settlement negotiations or trials. If you were injured, contact us for a free review to see if you have a case.
What Is Product Liability Under New York Law?
Product liability under New York law refers to personal injury claims against manufacturers and sellers for damages caused by their products. This includes the makers of components used in products.
The protection offered by product liability is not limited to the person who originally bought the product. If you were injured by a defective product you borrowed or received as a gift, you may still have a claim if you are harmed while using the product as intended.
Product liability law protects those injured because of a faulty product. If you run a business, you are also protected when it comes to the products you use. For example, a defective stove that causes a restaurant fire may leave the manufacturer open to a product liability claim.
New York's Strict Liability Standard
Under New York law, product liability cases are based on the strict liability doctrine. While most personal injury cases require that you prove that the other person acted with negligence, you don’t have to do so to win a product liability suit.
There are three reasons you can sue a defendant in a product liability lawsuit: manufacturing defects, design defects and failure to warn.
Three Theories of Liability in New York
- Manufacturing Defects: These defects occur when a product deviates from its intended design. For example, a car may have a part that wasn’t properly connected during assembly.
- Design Defects: A design defect means the product’s design is dangerous to consumers. Medications may be considered defectively designed if they were manufactured correctly but have inherent risks that outweigh their benefits.
- Failure to Warn of Risks: Also called a marketing defect, this occurs when a manufacturer doesn’t provide adequate warnings or instructions. An example is not including a warning label for a product that can cause burns or a drug that can cause serious side effects.
Strict liability in New York applies to parties in the product’s distribution chain. This means you can sue the commercial entities involved in the creation and sale of the product, including the manufacturer, distributor, wholesaler and retailer.
Does New York Have a Product Liability Statute?
New York doesn’t have a specific product liability statute, but claims are governed by a set of civil laws. These include New York’s Uniform Commercial Code sections 2-314 and 2-315, as well as a set time limit to file your case.
In order for a merchant to sell a product in New York, UCC section 2-314 requires that a product be fit for its ordinary use. UCC section 2-315 additionally states that the seller should know that a buyer is trusting them to provide a product fit for ordinary use. Together, these laws enforce an implied warranty. They state that a buyer expects a product to be safe, and if it isn’t, it can breach this warranty.
Under New York’s Civil Practice Laws and Rules section 214, claimants have a three-year time limit to file a product liability claim. This is called a statute of limitations. In certain cases, the time limit clock can start ticking when the injured person reasonably discovers they were injured.
New Yorkers can also file product liability lawsuits against an out-of-state merchant or manufacturer if their products are sold in the state.
A lawyer at Meirowitz & Wasserberg can properly explain New York’s specific product liability laws and how they apply to your potential case. Contact us anytime for a free consultation.
Types of Defective Product Cases We Handle in New York City
Meirowitz & Wasserberg handles several types of product liability claims for defective products. Cases include consumer products, auto parts, medical devices, pharmaceuticals and dangerous workplace and industrial equipment.
Defective Consumer Products
Defective consumer products, such as household appliances, electronics, children’s toys and furniture, can cause serious injuries. New Yorkers purchased many of these products from NYC retailers or had them delivered through Amazon or local stores.
Defective Vehicles and Auto Parts
Defective vehicles and auto parts can cause serious injuries, including airbag failures, tire defects and brake failures. These defects can be common in NYC car accident lawsuits.
Defective Medical Devices and Pharmaceuticals
People can be injured by medical implants, surgical devices and drug side effects. These lawsuits are often based on design defects or manufacturers’ failure to warn patients and doctors about serious side effects linked to drugs and devices. Our defective medical device lawyers in NYC can help.
Dangerous Workplace and Industrial Equipment
Power tools, machinery and scaffolding failures can cause serious injuries. These cases are particularly relevant in NYC’s active construction environment.
Toxic and Contaminated Products
Toxic and contaminated products can include food, toxic household chemicals and lead paint. The city has specific exposure risks due to its older buildings and dense retail environment.
Who Can File a Product Liability Lawsuit in New York?
In New York, anyone injured by a defective product — including consumers, users, bystanders or their representatives — can file a product liability lawsuit if they meet certain criteria under state law. If you were injured by a defective product, you don’t have to be the original buyer to sue for compensation.
Who Can You Sue for Strict Product Liability?
You can sue the commercial entities in the product’s chain of distribution. This includes the manufacturer, distributor, wholesaler or retailer. Anyone who placed the defective product into the stream of commerce can be held liable in New York.
This includes out-of-state companies, because they are still subject to state jurisdiction if the product was sold or caused harm in New York.
Do You Need To Be the Original Purchaser?
No, under New York law, bystanders, users and third parties injured by a defective product can file a product liability claim in the state. If you borrowed the product or received it as a gift and it injured you, you can still file a lawsuit.
How Long Do You Have To File in New York?
The statute of limitations to file a product liability lawsuit in New York is three years from the date of injury under CPLR section 214. In some cases involving latent injuries, the discovery rule under CPLR section 214-C starts the clock when the injury was or should have been reasonably discovered.
However, evidence degrades quickly. Physical products may be discarded or witnesses may become unavailable, so it is important to contact us right away to preserve your legal rights.
Common Injuries in NYC Product Liability Cases
Serious and common injuries in NYC product liability cases include traumatic brain injuries, spinal cord injuries and burn injuries. Some cases may also result in death. These injuries can be life-changing and may affect you and your family emotionally and financially for years.
Our firm knows how to connect your injuries to a defective product and fight for the maximum fair compensation.
Traumatic Brain Injuries
If you suffered a traumatic brain injury (TBI) because of a faulty product, a Meirowitz & Wasserberg brain injury lawyer in NYC can file a product liability lawsuit on your behalf. Filing a lawsuit for a TBI is often the best and only way to receive fair compensation for the hefty medical expenses and personal costs a brain injury can cause.
Spinal Cord Injuries
Spinal cord injuries, including paralysis, can happen because of falls from faulty products or in car accidents caused by defective car parts. An NYC spinal cord lawyer from our firm can help you get maximum compensation for these life-changing injuries.
Burn Injuries
Our burn injury lawyers in NYC have handled injuries that can occur from toxic product exposure, chemical burns and defective appliance fires.
Wrongful Death
If a defective product caused a death, surviving family members may pursue a wrongful death claim by contacting an experienced and compassionate NYC wrongful death lawyer at Meirowitz & Wasserberg.
Product Liability Settlements and Compensation in New York
NYC product liability settlements and compensation typically cover medical expenses, lost wages, diminished earning capacity, pain and suffering, long-term care costs and any out-of-pocket expenses.
Juries can also grant punitive damages if they deem the manufacturer’s conduct was reckless or grossly negligent. From 1991 through 2024, juries in New York awarded 19 punitive damage awards in product liability litigation.
Factors that affect potential settlement value include the severity of the injury, clarity of liability, number of defendants, insurance coverage limits and whether a recall or prior complaints existed. Cases that involve catastrophic injury (TBI, spinal cord and wrongful death) typically carry higher values.
Because there is a time limit to file, the sooner you get in touch with a lawyer, the sooner the firm can act to preserve evidence and strengthen the claim.
Product liability settlement amounts in New York vary depending on the facts of each individual case. For example, Meirowitz & Wasserberg obtained $675,000 for a client injured by defective car parts and $550,000 for a client who lost their fingertip in a defective pool chair.
What To Do After Being Injured by a Defective Product in NYC
If you were injured by a defective product in NYC, first seek medical attention and document your injuries. You can then gather evidence if you want to file a product liability lawsuit.
Steps To Take if You Were Injured by a Defective Product in NYC
- Seek immediate medical care and document all injuries.
- Preserve the defective product and do not repair, discard or alter it. It is critical evidence.
- Photograph the product, your injuries and the scene.
- Retain packaging, purchase receipts, instruction manuals and any warranties.
- Get witness information if others saw the incident.
- Do not speak with the manufacturer or their insurance company without an attorney.
- Consult an NYC product liability lawyer promptly, because physical evidence can disappear and the statute of limitations clock has started.
An experienced product liability attorney can walk you through these steps and help you find evidence you can’t get on your own. The most important thing is to contact an attorney right away to preserve evidence in your case and your right to file a claim.
NYC Product Liability Lawyers — Frequently Asked Questions
You can sue commercial entities in the chain of distribution under New York’s strict product liability laws. This includes the manufacturer, distributor, wholesaler or retailer, even if they are out of state.
New York doesn’t have a specific product liability statute, but claims are governed by civil laws such as UCC sections 2-314 and 2-315. New York also enforces a three-year time limit for filing your case.
It can take a few months to several years to resolve a product liability lawsuit. It depends on the facts of the case and the severity of injuries. Your lawyer can give you a timeline.
Your defective product is important evidence for your case, so you should keep it whenever possible. However, you may still be able to file a claim without it. Make sure to talk to an experienced product liability lawyer to see if you have a case.
If you were partly at fault for your injury, you can still file a claim under strict liability in New York. You don’t have to prove negligence; you just have to show the product was defective.
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Notable Results
$200,000
Personal injury settlement
$235,000
Slip and fall injury
$675,000
Product liability injury
$555,000
Premises liability injury
Practice Areas
- New York Personal Injury
- New York Car Accidents
- New York Truck Accidents
- New York Motorcycle Accidents
- New York Bicycle Accidents
- New York Pedestrian Accidents
- New York Construction Accidents
- New York Slip & Falls
- New York Wrongful Death
- New York Mesothelioma
- New York Train Accident
- New York Burn Injury
Nancy, New York (NY)
