New York Product Liability Lawyers: Your Guide to Defective Product Claims

Expert Representation from Porter Law Group's Product Liability Attorneys in New York

Product liability law holds manufacturers, distributors, and retailers accountable when their products cause harm to consumers. If you've been injured by a dangerous or defective product in New York, you may be entitled to substantial compensation for medical bills, lost wages, pain and suffering, and other damages. 

The experienced New York product liability attorneys at The Porter Law Group are here to guide you through this complex area of law and fight for the maximum compensation you deserve.

Have you been injured by a defective product in New York? Contact a dedicated product liability lawyer at The Porter Law Group today at 833-PORTER9, or email info@porterlawteam.com for a free consultation.

Why You Need a Specialized New York Product Liability Attorney

Defective products can cause catastrophic injuries, especially among vulnerable populations like children and the elderly. If you or a loved one have been harmed by a faulty product in New York, you need aggressive, skilled legal representation to stand up to major corporations and their insurance carriers.

The product liability lawyers at The Porter Law Group, serving New York City, Buffalo, Rochester, and all surrounding areas, will:

• Thoroughly investigate the circumstances of your injury
• Gather and preserve crucial evidence
• Consult with top industry safety experts
• Build a compelling legal case to hold all responsible parties accountable
• Navigate New York's complex product liability laws on your behalf
• Fight for the maximum compensation available under the law

What is a Product Liability Lawsuit?

A product liability lawsuit is a type of personal injury claim brought against manufacturers, retailers, or distributors when a defective product causes injury or death. According to the U.S. Consumer Product Safety Commission, defective products cause approximately 29.4 million injuries and 21,400 deaths annually in the United States, with over $700 billion in related damages.

In New York, product liability claims typically fall into one of these categories:

• Manufacturing defects:  Errors during production that make a safe design dangerous
• Design defects: Inherent flaws in a product’s design making it unreasonably dangerous
• Marketing defects or failure to warn: Inadequate instructions or missing warnings about risks
• Breach of warranty: When a product fails to perform as explicitly or implicitly promised

Our New York product liability attorneys have extensive experience handling claims in all these categories across Manhattan, Brooklyn, Queens, and throughout the state.

What Qualifies as a Defective Product Under New York Law?

A product can be considered defective in New York if it has a design flaw, manufacturing defect, or inadequate safety warnings that make it unreasonably dangerous for consumers to use as intended. Examples of defective products commonly leading to lawsuits include:

1. Automotive defects: Cars with faulty brakes, airbags, seatbelts, tires, or electronic systems that cause accidents or worsen injuries
2. Dangerous appliances: Kitchen and household appliances prone to fires, explosions, or electrocution hazards
3. Industrial equipment: Machinery lacking proper safeguards, emergency shut-offs, or with faulty components
4. Defective medical devices:  Improperly manufactured or poorly designed surgical implants, monitors, and tools
5. Pharmaceutical drugs: Medications with undisclosed, dangerous side effects or contamination issues
6. Children's products: Toys, furniture, or clothing containing choking hazards, toxic materials, or strangulation risks
7. Power tools: Equipment with faulty wiring, unsafe switches, or dangerous design elements
8. Electronic devices: Products with faulty batteries or components prone to overheating, fires, or explosions

High-Profile Product Liability Cases in New York and Nationwide

Some of the most prominent examples of defective product litigation include:

• The 2002 Philip Morris tobacco case, where the company was initially ordered to pay $28 billion for failure to warn about smoking risks. The amount was reduced to $28 million nine years later.
• The 1998 Dow-Corning silicone breast implant case, which harmed over 170,000 women. The company agreed to a $3.2 billion settlement.
• The 2008 General Motors product liability suit over Dex-Cool coolant, which involved engine damage and leaks, resulted in approximately $150 million in settlements.
• The 2023 Philips CPAP machine recall, affecting millions of sleep apnea patients nationwide. Litigation and settlements are still ongoing.
• The 2022 Johnson & Johnson talcum powder litigation, linking talc products to ovarian cancer and resulting in billions in settlements.

When corporations prioritize profits over consumer safety, they must be held accountable. At Porter Law Group, our New York product liability attorneys have the knowledge, resources, and determination to take on even the largest corporations.

Common Defective Product Injuries in New York

Defective products can lead to catastrophic injuries, permanent disabilities, and wrongful death. Some of the most serious injuries our New York product liability attorneys handle include:

1. Severe burns: From defective appliances, batteries, e-cigarettes, or industrial equipment
2. Traumatic brain injuries: Due to malfunctioning safety gear or auto defects
3. Spinal cord damage and paralysis: Caused by unsafe automotive parts or sports gear defects
4. Organ damage and cancer: Linked to toxic drugs and defective medical devices
5. Choking and suffocation: Particularly involving defective children's products
6. Amputations: Caused by defective machinery, power tools, or equipment
7. Chemical burns and poisoning: From unsafe household products without proper warnings
8. Eye injuries and vision loss: From faulty protective gear or hazardous chemicals
9. Respiratory damage: From exposure to toxic substances in defective products
10. Electrocution: Due to poorly insulated or faulty electronic devices

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Damages You Can Recover in a New York Product Liability Case

If you’ve been injured by a defective product in New York, you may be entitled to substantial compensation, including:

1. Medical expenses:Past and future treatment, surgeries, rehabilitation, and home care
2. Lost income: Wages lost while recovering from your injuries
3. Diminished earning capacity:  If your injury affects your future ability to work
4. Pain and suffering: For physical pain, emotional distress, and loss of quality of life
5. Permanent disability: Compensation for lasting physical limitations
6. Decreased quality of life:  For loss of ability to engage in normal activities
7. Psychological trauma: Including anxiety, depression, and PTSD resulting from the injury
8. Wrongful death damages: For families who lost a loved one, covering funeral costs, loss of financial support, and emotional loss

You shouldn’t have to bear these burdens alone when a company's unsafe product is to blame. Our New York product liability lawyers will fight tirelessly to recover the full and fair compensation you deserve.

New York's Strict Liability Laws for Defective Products

Under New York's doctrine of strict liability in product liability cases, manufacturers can be held legally responsible for injuries caused by their products, even if they did not act with fault or negligence. Unlike negligence claims, which require proving that the manufacturer failed to exercise reasonable care, strict liability focuses on the condition of the product itself, not the manufacturer’s conduct.

To win a strict product liability case in New York, you must establish:

• The product had a defect when it left the manufacturer's control
• The defect directly caused your injury
• The defect made the product unreasonably dangerous for its intended or foreseeable use

Defects may arise from flawed product's design, manufacturing errors, inadequate warnings, or failure to provide proper instructions. Importantly, even individuals who did not purchase the product themselves, such as bystanders, can bring strict liability claims if they are injured.

The rationale behind New York's strict liability laws is simple: Manufacturers are in the best position to ensure product safety and should bear the cost of injuries caused by dangerous products. This legal standard helps protect consumers by eliminating the need to prove negligence in many cases.

Emerging Product Liability Concerns in New York

Our New York product liability lawyers are are closely monitoring emerging areas of product liability litigation, including:

• Weight loss medications like Ozempic and Mounjaro linked to severe side effects
• Vaccine-related injuries particularly related to the Gardasil HPV vaccine
• Vaping and e-cigarettes injuries including lung damage and battery explosions
• Electric vehicle accidents and battery malfunctions involving cars, golf carts, scooters, and chargers
• Defective medical devices such as failed implants or surgical devices that fail or cause unexpected complications
• Autonomous vehicle technology leading to accidents and injuries
• Internet-connected home devices (smart home products) with security vulnerabilities or fire risks

Why Choose Porter Law Group as Your New York Product Liability Lawyers?

The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.

Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.  

You only get one chance to choose the best lawyer for you and your family.  Hire the lawyers most recommended by former clients and local attorneys, and the firm that delivers superior results. 

When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.     

Frequently Asked Questions About Product Liability Claims in New York

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

In New York, the statute of limitations for product liability claims is generally three years from the date of injury. However, there are exceptions that may extend or limit this timeframe, such as:

• The discovery rule, which may extend the deadline if you couldn't reasonably have discovered your injury immediately
• Shorter deadlines for claims against government entities
• Different filing rules for cases involving minors

Consulting with a New York product liability attorney as soon as possible after an injury is crucial to protect your rights and ensure your claim is filed on time.

What Damages Can I Recover in a New York Defective Product Case?

New York law allows recovery of both economic and non-economic damages in product liability cases, including medical expenses, lost wages, pain and suffering, and more. In cases of particularly egregious manufacturer conduct, punitive damages may also be awarded.

Do I Need to Keep the Defective Product After My Injury?

Yes. Preserving the defective product is often critical to your case. The product itself can serve as essential evidence to prove the existence of a defect and the connection between the defect and your injuries. Our New York product liability lawyers will guide you in properly preserving the product for expert analysis and litigation.

What if I Was Partially at Fault for My Injury?

New York follows a "pure comparative negligence" rule, meaning you can still recover damages even if you were partially at fault, though your compensation may be reduced by your percentage of responsibility. Our product liability attorneys work aggressively to minimize any assignment of fault to you and maximize the damages you can recover.

Contact a New York Product Liability Lawyer Today

Don't wait to get legal help if you or a family member has been hurt by a dangerous product - New York's statute of limitations puts a deadline on your claim. The product liability attorneys at The Porter Law Group have recovered millions for injury victims in Manhattan, Brooklyn, Queens, and throughout New York State.

Contact us today for a free, no-obligation consultation to discuss your case with an experienced New York product liability lawyer. Call 833-PORTER9, or email info@porterlawteam.com and we'll help you start on the road to justice and recovery.

Consumers deserve protection from dangerous products, and our dedicated New York product liability attorneys are here to help you obtain the compensation you deserve.

Prior results do not guarantee a similar outcome.