Understanding Product Liability Laws in New York
When a defective product causes harm the financial burden can be significant. Medical bills, lost wages, and ongoing treatment expenses can quickly add up, leaving individuals and families struggling to make ends meet. Fortunately, New York’s product liability laws provide avenues for those hurt by defective products to seek compensation.
Product liability claims are designed to hold corporations accountable for injuries caused by defective or unsafe products. Whether it’s a design flaw, manufacturing defect, or failing to provide adequate warnings, these laws ensure that responsible parties can be held liable.
At Denlea & Carton LLP, our experienced attorneys understand the challenges you face and are committed to guiding you through every step of the legal process. If you’ve been injured by a defective product, don’t attempt a product liability claim without experienced legal representation. Contact Denlea & Carton LLP today for a free consultation and take the first step towards securing the compensation you’re entitled to.
What Is Product Liability?
Product liability is the legal responsibility that manufacturers, distributors, and sellers have when a product causes injury or harm. If a product you used results in an accident or injury, a product liability claim provides a way to pursue compensation for medical expenses, lost wages, and other related costs.
Who Can Be Held Liable?
- Manufacturers: The company that creates a product can be held responsible if their product causes injury. This ensures that companies carefully design and test their products before reaching consumers.
- Distributors: Businesses that transport or supply products can also be liable if they contribute to the defect or fail to handle the product safely. Holding distributors accountable helps maintain safety throughout the supply chain.
- Retailers: Stores and sellers can face liability if they sell unsafe products or fail to provide necessary warnings to consumers. This ensures that products reaching the public meet safety standards.
- Others in the Supply Chain: In some cases, designers, marketers, or even repair companies may be held responsible if their actions lead to harm. This broad accountability helps cover all parties who may contribute to unsafe products.
Types of Product Defects: Design, Manufacturing, and Failure to Warn
Design Defects
Design defects occur when a product’s design is inherently unsafe, even when manufactured correctly. In a product liability case, you can argue that the product was unreasonably dangerous due to its design, making the manufacturer responsible for injuries. Design defects can apply to a wide range of products, from household appliances to vehicles, and often require analysis to show that a safer alternative design was feasible.
Manufacturing Defects
Manufacturing defects happen when a product departs from its intended design during production. Even if the design is safe, a mistake in manufacturing can make the product hazardous. In a liability case, you can show that the defect occurred during production, leading to injuries that proper quality control could have prevented.
Failure to Warn (Marketing Defects)
This type of defect happens when a product does not include adequate instructions, warnings, or safety information. A liability claim can focus on whether the lack of proper warnings or instructions directly contributed to your injury. These defects hold companies accountable for ensuring consumers understand how to safely use their products.
Packaging Defects
Products can also be considered defective if their packaging is unsafe or insufficient to protect the consumer. This can include tamper-evident packaging that fails or containers that cause spills or contamination. Liability can be established if unsafe packaging directly leads to injury.
Breach of Warranty
Although not always classified as a traditional defect, a product can be considered defective if it fails to meet the promises made by the manufacturer or seller. This includes both express warranties (explicit claims about the product) and implied warranties (expectations that the product is safe and functional). Cases based on warranty breaches can overlap with other types of defects, offering another avenue for compensation.
How Product Liability Claims Work in New York
- Establish Causation and Responsibility: Begin by proving the product caused your injury and identifying all responsible parties involved in the chain of distribution.
- Gather Evidence: Collect medical records, testimony, product documentation, receipts, and any other evidence showing the defect and its impact.
- Protect Consumer Accountability: Holding companies accountable for unsafe products sends a message that safety standards matter, encouraging better quality control.
- File a Claim: You or your attorney formally file a product liability claim seeking compensation for medical bills, lost wages, pain and suffering, and other damages.
- Seek Compensation and Safer Marketplace: Beyond compensation, filing a claim helps protect future consumers by promoting safer products and preventing future harm.
The Role of Comparative Negligence
In New York product liability cases comparative negligence can influence the amount of compensation an injured party may receive. Comparative negligence means that if the injured individual is found partially responsible for their own injury, their recovery can be reduced proportionally to their share of fault.
For example, if a consumer misused a product in a way that contributed to an accident, the compensation awarded may be adjusted to reflect that contribution. Understanding how comparative negligence applies is important because it ensures that both the manufacturer’s responsibility and the consumer’s actions are fairly considered.
Statute of Limitations for Product Liability Claims in New York
In New York, the statute of limitations for most product liability claims requires that a lawsuit be filed within three years from the date the injury occurred. Meeting this deadline is crucial because missing it can prevent you from pursuing compensation, even if the harm was clearly caused by a defective product.
If you believe you may have missed the standard filing window, there is still hope. New York provides certain exceptions, including a discovery rule, which can extend the time to file in cases where the injury or its cause was not immediately apparent.
Exceptions and Discovery Rule
- Discovery Rule: If an injury caused by a defective product is not immediately apparent, New York law allows the three-year statute of limitations to start from the date the injury was discovered, or reasonably should have been discovered.
- Fraud or Misrepresentation: When a company intentionally conceals a defect or provides false information about a product, the statute of limitations can be extended. In these cases, the three-year period typically begins from the date the fraud or misrepresentation is discovered.
- Minors or Incapacitated Individuals: For minors, the statute of limitations does not begin until their 18th birthday, effectively extending the filing period until three years after they reach adulthood. Similarly, for individuals who are legally incapacitated, the three-year clock may be paused until they regain capacity.
Working with a dedicated personal injury attorney will ensure that all respective deadlines are met and any exceptions are addressed.
Steps to Take If Injured by a Defective Product
- Seek Medical Attention Immediately: Your health is the top priority. Prompt medical treatment not only protects your well-being but also creates important documentation of your injuries.
- Preserve the Product: Keep the defective product, packaging, and any instructions or labels intact. This evidence is crucial for building a strong product liability case.
- Document the Incident: Take photos, write detailed notes about how the injury occurred, and gather any witness information. Clear documentation helps establish the connection between the product and your injury.
- Report the Injury: Notify the manufacturer, retailer, or relevant regulatory agency about the incident. This can create an official record of the defect and your harm.
- Consult a Product Liability Attorney: Speaking with an experienced attorney as soon as possible ensures your rights are protected, helps evaluate the strength of your case, and guides you through the legal process to pursue compensation.
- Keep Records of Expenses: Track medical bills, lost wages, and any other costs related to the injury. This information will be essential for calculating the compensation you may be entitled to.
Why Choose Denlea & Carton LLP
Injuries caused by defective products can leave lasting impacts, and having an experienced product liability attorney can be crucial in addressing the situation. At Denlea & Carton LLP, our team knows how to take on major companies and their insurance providers, ensuring your case is presented with thorough preparation and strategic advocacy. We focus on protecting your rights and securing fair compensation for medical expenses, lost income, and other damages.
Contact Denlea & Carton LLP for a Free Consultation
If you’ve been injured by a defective product, it’s important to understand your rights and explore your options for recovery. Our product liability attorneys at Denlea & Carton LLP are ready to review your case, investigate the circumstances of your injury, and develop a strategy to pursue the compensation you deserve. Contact us today for a free consultation and get the help you need.
