How to File a Lawsuit for Product Liability in NY - A Guide for 2024

When a dangerous or defective product causes injury to a person, New York product liability lawyers can help them fight for fair compensation in court.

If it can be proved that the defendant was responsible for defective products that directly injured the victim, a large sum of money can be awarded as damages.

However, due to the complex nature of New York product liability laws, winning a case can require more than proving that a defective product caused injury.

Several legal defenses can be used by the at-fault party, which is why having a good New York product liability lawyer is essential.

The Law Office of Carl Maltese has been handling product liability lawsuits for many years. Victims seeking compensation from the manufacturers of a defective product can call +1 631-857-3703 right now to set up a free consultation. They can also clarify how to file a lawsuit for premises liability in New York.

What Is a Product Liability Claim?

A product liability claim is a lawsuit that can be filed against the manufacturers or distributors of a defective product that can be shown to have caused injury to the victim.

The claim can be directed to anyone involved in the selling, handling, or manufacturing process.

It is also not limited to the person who originally bought the defective product. Even victims who get injured after borrowing or receiving the product as a gift are entitled to fair compensation under New York product liability law.

In most cases, the defective products are generally categorized as follows:

• Defects in the warning label or instructions

• Manufacturing defect

• Design defect

• Marketing defect

Choosing the best way to approach a product liability claim requires an understanding of these different categories and is one of the many ways a good product liability attorney can help. For more information, a Long Island injury law firm may be able to help.

Three Types of Product Liability Claims in New York

Winning a New York product liability lawsuit requires the plaintiff to establish a clear link between the negligent party in the manufacturing or distribution chain and the injuries caused by the defective product. In this regard, there are three common types of product liability claims filed in New York, and these are:

Breach of Warranty Claims

If there is a reasonable expectation that a person will consume, operate, or be otherwise affected by a product, a breach of warranty claim can be filed if the victim is injured.

It is important to note that the at-fault party cannot claim innocence due to not knowing that the product was defective and could cause injury.

Three types of warranties can be breached in such cases, and these are:

• Implied warranty of fitness

• Express warranty

• Implied warranty of merchantability

Strict Liability Claims

In a strict liability claim, the manufacturer or anyone else involved in the distribution of the product may be held liable for the injuries suffered by the victims. Here, the defendants are held responsible without fault, as long as there was a defect in their products.

New York's strict liability laws are designed to protect consumers and encourage manufacturers and distributors to take steps to ensure the safety of all those who use their products.

Negligence Claims

Negligence in the case of product liability refers to the actions or lack thereof of the manufacturers or distributors that led to the manufacturing defects of the dangerous product.

Proving negligence in a New York product liability lawsuit requires the victim to prove the following:

• The distributor or manufacturer failed to exercise reasonable care.

• At the time the product left the care of the defendant, the defect was already there.

• The injury or fatality suffered by the victim was caused by using the product.

• Any injuries or fatalities to the plaintiff were directly caused by the defective products.

Common Types of Defense Strategies in a Product Liability Lawsuit

The maximum compensation that can be awarded in a New York product liability claim can be quite high, which is why the defendant also seeks legal representation to avoid being held accountable. In most cases, the following legal theories and defenses may be used:

• Substantial change or modification made to the product after it was purchased

• Comparative negligence due to the actions of the injured person

• Voluntary assumption of risk upon buying the product

• Foreseeable and reasonable use of the product

• Causation in cases of failure to warn or instruct the person injured by a defective product

How to File a Lawsuit for Product Liability in NY in Four Steps

After suffering an injury caused by a defective product, the victim can seek compensation and recover damages for medical bills, lost wages, and other losses. However, winning a product liability lawsuit is not always easy.

To increase the chances of success, the plaintiffs can take the following steps:

• Seek medical attention

• Gather evidence and talk to potential witnesses

• Consider the statute of limitations

• Hire a good New York product liability lawyer

The Role of Product Liability Attorneys

New York law can be quite complicated, especially in cases of product liability in which there may be many possible at-fault parties and various legal defenses that can be used in court.

A good lawyer is required to ensure that the victim is prepared to handle anything that the defendant throws at them.

If, for example, the manufacturer claims that they properly warned users about the risks of the product, it will be up to the personal injury attorney to demonstrate that their client suffered harm due to the negligence of the defendant.

There is also no guarantee regarding the amount of compensation that the court may decide to award the victims, which is something that a product liability attorney will be prepared to fight for.

Finally, there is the issue of the statute of limitations in New York product liability cases, which is set at three years from the date the injury occurred.

A good lawyer understands the need to file a product liability lawsuit in time and will take the necessary steps to avoid getting the case dismissed for breaching this deadline. They can also assist with how to file a lawsuit for nursing home abuse in NY.

The Law Office of Carl Maltese Can Help

Whether a product was unreasonably dangerous or the manufacturer failed to provide adequate warnings regarding the risks involved, injured persons are entitled to seek compensation for their losses.

The Law Office of Carl Maltese has a team of top-rated New York City product liability lawyers ready to fight for the rights of victims and ensure they walk away with maximum damages for their pain and suffering.