Westchester County Product Liability Attorneys

Reviewed by Jay S. Hausman, Esq.

As a consumer, you should be able to purchase a product with the peace of mind that it is safe for your use. While most products are perfectly harmless and there is nothing to worry about, every once in a while it seems like there is another major recall because a product was unsafe for consumer use. When this happens, it is up to the public to hold them accountable. Here at Hausman Law Group, our product liability attorneys are committed to helping you find justice if you or a loved one has been injured as a result of a defective product. We understand the pitfalls of a serious injury and are ready to take on your case to help you recover the compensation you deserve. For strong legal representation in a product liability matter, contact the legal team at Hausman Law Group today.

Types of Product Defects

Product liability cases are complex and require the skills of an effective attorney who will help you determine what kind of defect took place, ultimately resulting in your injuries. In New York, these claims often involve everyday consumer goods, medical equipment, commercial appliances, and defective automotive parts. There are three categories that a product defect can fall into, including:

• Design Defects: Designing a product is no simple task. The person in charge of this process must consider all facets, including safety and practicality. If this individual fails to consider certain aspects that result in an unsafe product, a consumer can get hurt. If you were injured because of a product’s design, you must prove that there was a safer, yet economically sound way to alternatively design the product.
• Manufacturer Defects: Once there is an approved design, the item will go into production, and the manufacturer must follow the design carefully. If the manufacturer strayed from the approved design in any way, they may be held liable for a product defect case.
• Failure to Warn: Warning labels are an important part of any product. If a product is used improperly because the consumer was not adequately instructed, they can become seriously injured and may have a case against the company.

Can I Sue a Retailer Over Defective Products?

When a product hits the market, a consumer making the purchase buys the product with the assumption that the product will work as intended and advertised. Unfortunately, however, in some instances, the product may ultimately cause an injury if it is defective. As such, it’s important to understand your legal options, which include filing a claim against the retailer who sold the product to you.

Under New York strict product liability law, a manufacturer, wholesaler, distributor, or retailer who sells a product in a defective condition can be held liable for resulting injuries.

Retailer Liability and the Supply Chain

When a defective product is sold, many different parties within the supply chain may assume at least some portion of liability. While yes, the manufacturer may assume the majority of fault, if a retailer has knowingly sold a dangerous or defective product, they can face partial fault for damages and liability.

As such, working with an attorney is critical during these matters, as they can assist you in determining who is responsible for the damages you have assumed.

• Strict Liability Framework: In New York, consumers injured by defective products do not necessarily need to prove that the retailer was responsible for creating the defective condition, as simply selling a defective product is generally enough to establish liability.
• E-Commerce and Online Sales: As e-commerce platforms and online shopping make up a considerable portion of retail transactions in today’s day and age, shoppers are purchasing items without physically inspecting them. As such, the retailers and distributors may be held liable for claims if they supply and ship unsafe products.
• Knowledge of Risk: Retailers who continue to sell merchandise after a public recall or after receiving consumer complaints share clear, actionable accountability.

Proving Negligence in a Product Defect Case

Product defects can happen in anything we purchase, including in our food, our cars, our medication, the everyday goods in our household, and even in products specifically designed for our children.

Product liability cases are no different from other personal injury cases in that you, the injured party, are responsible for proving that the company failed to provide a safe product and that it ultimately caused you to become injured. Not only will you need to work with an experienced attorney through this process, but also with an expert in the field of the product that injured you.

Be sure not to throw away the defective item if you plan to bring a lawsuit. This will be crucial in determining liability in your case. Your attorney and the expert will work together to determine whether there was a design defect, a manufacturer defect, or failure to warn.

Strict Liability Evidence Checklist

It is critical to know exactly what elements establish a viable defective product claim under New York law:

• Demonstrated Loss: To recover compensation, the injured party must show that they sustained an actual injury that resulted in quantifiable, measurable damages.
• Defective Condition Presence: Preserving the product is critical to showing the defective condition, whether it be a design flaw, issue with manufacturing, or lack of adequate warning and instructions.
• Proximate Causation: Direct medical or circumstantial evidence showing that the specific defect was the primary cause of your injuries rather than an outside variable.
• Intended Product Usage: Documenting that you operated the device or consumed the product in the manner intended by the manufacturer, or in a way a reasonable person would foreseeably use it.
• Evidence Preservation Protocol: Following the incident, you should immediately secure the defective product in its current condition. Do not throw it out or attempt to repair the product. You should also gather the original packaging, instruction manuals, receipts, and any other documentation that came with the product.

Understanding the New York Statute of Limitations

Timing is arguably the most urgent legal factor when pursuing civil damages for a defective product or an automotive safety failure in New York State.

• Three-Year Legal Window: In accordance with New York law, injured victims have three years from the date on which the accident occurred to seek compensation for the damages they have suffered as a result of a
• Consequences of Delay: In the event you miss filing your claim within the statute of limitations, you will likely be barred from pursuing the claim and recovering the compensation you deserve for the damages you are entitled to.
• Wrongful Death Claims: In the tragic event that a defective consumer product results in a fatality, family members face separate, expedited statutory rules to file a wrongful death action.

Contact Our New York Product Liability Attorneys

If you have been injured by a defective product in Westchester County or the surrounding areas, it is important to seek legal counsel. The product liability attorneys at Hausman Law Group have years of experience helping clients stand up to major corporations whose negligence has caused them to become seriously injured. We are here to help you find the justice and peace of mind you deserve. Contact our firm today.