Can I Sue for A Defective Product in New York?

Manufacturers, distributors and vendors have a special responsibility to their customers. An injured party can file a product liability lawsuit against a product’s manufacturer or vendor when a defective product causes injury. Based on the precise cause of the injury, the claim may involve a defect in design or manufacture, or a failure to warn of an unreasonable risk of injury. If you would like more information on whether you can sue for a defective product in New York, please continue reading, then contact one of our experienced Westchester County product liability attorneys today. Here are some questions you may have:

What kinds of defective products can cause injury in New York?

Many different types of products may have dangerous defects that result in the consumer sustaining serious injuries, which require financial compensation to treat. Nonetheless, some of the most common products encountered in product liability cases include:

  • Medication: The manufacturer’s warning label was inadequate or the drug’s negative side effects caused significant injury or even death.
  • Defective consumer products: Improperly designed or manufactured toys, cars, home appliances and other consumer goods may cause significant injury or death.
  • Defective machinery: Workers often sustain injuries while on the job due to poorly designed equipment.
  • Food: Farmers, food packagers and vendors have a duty to sell food items that are clean and safe to eat, but every year hundreds of thousands of packaged food products are recalled due to being unsafe for human consumption.

How might a product be defective in New York?

Generally, product defects fall into one of three categories:

  • Design defects: These arise from the very design of a product, a design that results in the product being inherently unsafe when used as intended.
  • Manufacturing defects: These arise from an error in the manufacturing process, resulting in an unsafe or unsound product.
  • Marketing defects: These arise when a product lacks sufficient safety warnings or proper labels.

How do you prove a defective product case in New York?

As outlined in the introductory paragraph, you may hold a wide range of individuals accountable for injuries sustained from a defective product. Nevertheless, to hold any individual liable for a defective product, the plaintiff must prove:

  • You sustained an actual injury or monetary loss.
  • The product is defective due to a manufacturing error, defective design or failure to warn.
  • The defect caused your injury.
  • You were using the product as intended when you sustained an actual injury or monetary loss.

Generally, you have three years, from the date of the injury, death or property damage, in which to file a product liability lawsuit in New York. Before you do so, you should call one of our skilled Westchester County personal injury attorneys immediately.


Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. Contact us today for help.

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