By Douglas Hoffer, Partner. Reviewed by Daniel P. Smith, Esq. Last updated: July 30,2025
Suffering from an injury caused by a defective product in New York City? This comprehensive guide provides essential steps to understand and pursue a product liability claim under New York law. Dansker & Aspromonte Associates has extensive experience fighting for victims’ rights across Manhattan, Brooklyn, and Staten Island.
Get Your Free Product Liability Case Evaluation or read this guide in 7 minutes to learn your legal options.
What is Product Liability in New York?
Product liability law in New York holds manufacturers, distributors, and retailers strictly accountable for injuries caused by unsafe or defective products. Unlike negligence claims, New York’s product liability framework is primarily based on strict liability principles. Injured consumers may not need to prove that the manufacturer was negligent, only that a defective product caused their injuries.
In New York, product liability claims are governed by common law principles, not a single controlling statute. Plaintiffs may pursue claims under three primary theories: (1) negligence, (2) strict products liability, and (3) breach of warranty. Courts have long held that manufacturers, distributors, and retailers may be held liable for injuries caused by products that are defectively designed, manufactured improperly, or sold without adequate warnings.
New York recognizes three fundamental types of product defects:
- Design Defects: Inherent flaws in the product’s blueprint or specifications that make it unreasonably dangerous for its intended use. These defects exist before manufacturing begins and affect all units of the product line.
- Manufacturing Defects: Errors that occur during the production process, causing individual units to deviate from the intended design. These defects typically affect only specific batches or individual products.
- Warning Defects (Failure to Warn): Inadequate instructions, warnings, or labels that fail to inform consumers about known risks associated with the product’s use.
The legal framework requires plaintiffs to establish that: (1) the defendant manufactured or sold the product; (2) the product was defective when it left the defendant’s possession; and (3) the defect was a substantial factor in causing the plaintiff’s injuries.
Why Product Liability Matters for Injured Consumers in 2025
When products fail and cause harm, the consequences for consumers can be devastating, ranging from minor injuries to severe disabilities or wrongful death. Product liability claims offer a critical pathway for victims to recover compensation for medical expenses, lost wages, pain and suffering, and other damages.
In 2025, understanding your rights is particularly crucial given the emergence of new product categories, including smart-home devices, electric vehicles, and AI-powered consumer products.
According to Sedgwick’s 2024 Recall Index, the consumer product industry saw a nearly 40% jump in the number of defective units recalled, even though the number of actual recall events declined in some quarters. Meanwhile, recall activity across all sectors is poised to hit a multi-year high, signaling persistent product safety challenges.
The importance of product liability law extends beyond individual compensation. These legal actions serve as a vital mechanism for consumer protection, incentivizing manufacturers to prioritize safety and quality control. When companies face significant financial consequences for defective products, they are more likely to invest in rigorous testing and safety measures.
Consumer Protection Checklist:
- ✓ Preserve all product packaging and documentation
- ✓ Document injuries with photographs and medical records
- ✓ Report incidents to relevant regulatory agencies
- ✓ Consult with an experienced product liability attorney
- ✓ Research any existing recalls or safety notices
How to Pursue a Product Liability Claim in NYC – Your 5-Step Guide
Step 1: Secure the Product & Document Your Injury
The defective product is key evidence in your case. The product must remain in its post-incident condition to allow for proper examination by experts. Photograph your injuries, the product, and the scene of the incident from multiple angles.
Seek immediate medical attention and maintain detailed records of all treatments, expenses, and medical opinions. Medical documentation links the defective product and your injuries and establishes causation.
Pro Tip: Do not attempt to repair the product or discard any packaging, instruction manuals, or warranty information. These materials may contain vital evidence regarding the product’s intended use and safety warnings.
Step 2: Understand the Types of Defects
Product liability cases typically fall into three categories under New York law.
For design defect claims, courts apply the risk-utility test, weighing the product’s risks against its benefits. Plaintiffs must typically present expert testimony to show that the product, as designed, posed an unreasonable danger and that a practical alternative was available at the time of manufacture.
Manufacturing defect cases focus on whether the product deviated from its intended design. Warning defect claims examine whether adequate warnings were provided about foreseeable risks. Our firm has seen this in cases like a child suffering severe brain damage due to an overdose of anesthesia administered by an uncertified nurse, where the lack of proper protocol and warning led to severe outcomes.
Step 3: Consult with an Experienced NYC Product Liability Attorney
Navigating New York’s product liability laws requires legal expertise. The statute of limitations under CPLR § 214(5) runs from the date of injury or discovery of the injury. There are exceptions, so speak to a licensed attorney about your options.
An experienced attorney can assess the merits of your case, identify all potentially liable parties in the distribution chain, and guide you through settlement discussions and trial, if necessary. Your attorney will know which legal theory is most appropriate to use.
Pro Tip: Dansker & Aspromonte Associates offers free initial consultations and works on a contingency-fee basis, meaning you pay no attorney fees unless you recover damages.
Step 4: Gather Evidence & Build Your Case
This critical phase involves collecting comprehensive evidence to support your claim. Your attorney will lead the discovery process, which may include:
- Medical records and expert medical testimony
- Engineering expert analysis of the product defect
- Manufacturing and quality-control documentation
- Similar incident reports and recall information
- Witness statements and testimony
- Economic damages documentation
Expert testimony is particularly crucial in product liability cases. Engineers can testify about design or manufacturing defects, while medical experts can establish causation between the product defect and your injuries.
Step 5: Negotiation, Settlement, or Trial
Most product liability cases in New York resolve through settlement negotiations with the defendant’s insurance companies. Your attorney will work to secure fair compensation that accounts for your medical expenses, lost wages, pain and suffering, and future damages.
If negotiations fail to produce a reasonable settlement offer, your case may proceed to trial. New York’s strict liability framework can be advantageous at trial.
You don’t need to prove the manufacturer was negligent—only that the product was defective and caused your injuries.
3 Common Mistakes to Avoid in Your Product Liability Case
Mistake 1: Not Preserving the Defective Product
Fix: Keep the product exactly as it was at the time of injury; do not attempt repairs, cleaning, or alterations that could compromise evidence.
Mistake 2: Delaying Medical Treatment or Legal Consultation
Fix: Seek immediate medical care and contact an attorney promptly, as New York’s statute of limitations applies to product liability claims, requiring timely action.
Mistake 3: Discussing Your Case with Anyone Other Than Your Attorney
Fix: Limit conversations about your injury or case to your legal team to avoid inadvertently harming your claim through recorded statements or social-media posts.
The Importance of Early Legal Consultation
Seeking legal consultation promptly after a product-related injury can significantly impact the outcome of your case. Early involvement of an experienced attorney ensures that crucial evidence is preserved, witnesses are identified while memories are fresh, and legal deadlines are met.
The sooner you get an attorney involved, the better your chances of settling with the insurance company become. Experienced attorneys understand insurance tactics like undervaluing claims or denying coverage outright. We’ll demand they act in good faith and pay fair value for your injuries.
Expert Insight – Interview with Senior Partner, Paul D. Dansker
“Product liability cases are often about more than just individual injury compensation; they’re about holding powerful corporations accountable for consumer safety,” says Paul D. Dansker, Senior Partner at Dansker & Aspromonte Associates. “Our firm prides itself on thorough investigation and aggressive advocacy for our clients.”
We’ve secured several standout product-liability results that underscore both our commitment to justice and the strength of New York’s strict liability laws.
One example is the $5 million settlement we won for a man who fell down an elevator shaft after defective doors gave way, leaving him with a severe head injury and a prolonged coma.
In another case, we obtained a $10.3 million settlement for a 22-year-old theatre intern who developed traumatic epilepsy when the rear door of a passing truck, improperly secured by the driver, flew open and struck her. Faulty products can cause life-altering harm, and meticulous preparation and skilled advocacy remain critical to success.
Frequently Asked Questions
Q: What is the statute of limitations for product liability claims in New York?
A: Generally, there is a limited timeframe from the date of injury or discovery of the injury under CPLR § 214(5). However, exceptions exist, so consult an attorney immediately.
Q: Can I sue if there was a product recall?
A: Yes, a product recall can be strong evidence of a defect, but you still need to prove the product caused your specific injuries and damages.
Q: What kind of compensation can I recover in a product liability case?
A: You may recover medical expenses, lost wages, pain and suffering, and, in cases of egregious conduct, punitive damages.
Q: Do I pay upfront fees for a product liability lawyer?
A: Most product liability lawyers, including our firm, work on a contingency-fee basis, meaning you pay nothing unless we win your case.
Q: What if the manufacturing company is out of business?
A: Even if the manufacturer is gone, other parties in the distribution chain might still be liable.
Q: Can I still file a claim if I was partially at fault?
A: Yes, New York follows comparative negligence rules. Your recovery may be reduced by your percentage of fault, but you can still pursue compensation.
Q: How long do product liability cases typically take?
A: Cases can range from several months to several years, depending on the specific circumstances of the case.
Conclusion
If you’ve been injured by a defective product in New York City, understanding your legal rights under New York’s strict liability framework is the first step toward justice. Don’t let corporate negligence go unchallenged. The law provides strong protections for consumers, but time limits apply, and evidence fades. Plus, the longer you wait, the more the insurance company will downplay your injuries or argue liability.
Get Your Free Product Liability Case Evaluation
Contact Dansker & Aspromonte Associates today for a free, no-obligation consultation. Our experienced product liability attorneys serve clients throughout Manhattan, Brooklyn, Bronx, Queens, and Staten Island, and surrounding areas.
Call (212) 732-2929 or visit dandalaw.com
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About Dansker & Aspromonte Associates
Dansker & Aspromonte Associates is an award-winning New York City personal injury law firm with extensive experience representing injured clients. We specialize in complex product liability cases and have successfully represented thousands of clients injured by defective products. Our attorneys are committed to fighting for justice and holding manufacturers accountable for unsafe products.
This article is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes.
