A wooden judge's gavel and sound block rest on a white surface. The gavel, with its handle extending to the right, is positioned parallel to the round, flat sound block, symbolizing law, order, and justice.

As a consumer, you expect to be able to trust that the products you use are safe. If you were injured as a result of a product defect, you may be entitled to recover compensation for your injuries. Contact our skilled New York personal injury attorneys to learn more about product liability claims and how we can help you.

What is product liability in New York?

All companies are responsible for ensuring that their products are safe for their consumers to use. This is known as product liability. If a company fails this duty, it may be held responsible for creating a defective product. Issues pertaining to product liability can happen in a wide range of goods including children’s toys, appliances, motor vehicles, and more. Companies are expected to provide labeled instructions on how to use their product safely. A consumer may be able to hold their manufacturer liable if they are injured as a result of them failing to provide safety instructions. If you were injured because of a faulty product, you may be entitled to compensation through product liability laws.

What should I do after I am injured?

  1. Do not get rid of the defective product. It can be used as key evidence in your case by helping the court determine which party should be held responsible and if negligence occurred.
  2. Contact an experienced New York Personal injury attorney. It is crucial that you have a skilled attorney on your side to help you formulate a strong case.
  3. Ensure that you are filing your claim in time. New York has a statute of limitations of three years. This means that if you fail to file your product liability claim within three years from the date of your injury, you may lose the chance to recover the compensation you deserve.

Who is responsible for product liability cases?

There are three types of ways to hold someone responsible for a product liability case. Courts will commonly see this in:

  • Design defect: This is when a product designer fails to take safety precautions when designing a product, which later results in injury.
  • Manufacturing defect: The product was safely designed but the manufacturer strayed from the initial plans, resulting in an unsafe product.
  • Failure to warn: The product was designed and manufactured safely, but the company failed to create labels and warnings on how to safely use the products.

Who had the burden of proof?

You will need to retain the services of an experienced personal injury attorney to help you determine who should be held responsible. For example, if you have a design defect case, you will need to prove that there was a safer, but equally feasible and economical way to produce the same exact product.


Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. We understand how challenging life can be without financial compensation for serious injuries you have wrongly sustained. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.