Product Liability Lawyers in New York

When products malfunction or cause harm due to poor design, manufacturing defects, or lack of safety warnings, the consequences can be devastating. At Salenger, Sack, Kimmel & Bavaro, we help individuals injured by unsafe products take legal action against the companies responsible.

Understanding Product Liability in New York

Product liability is the legal responsibility placed on companies that design, manufacture, distribute, or sell consumer goods. If a product turns out to be defective and results in injury, victims may be eligible for compensation under New York law.

 Key Elements of a Product Liability Case:

1. A Defective Product:
   The product must have a flaw—whether due to a faulty design, an error during manufacturing, or a failure to provide adequate instructions or warnings.
2. Unreasonably Dangerous:
   The defect must make the product unsafe for its intended or reasonably anticipated use.
3. Direct Causation:
   The injury must have been directly caused by the product defect.
4. Strict Liability:
   In many cases, a manufacturer can be held liable even without proof of negligence—if the product was defective and caused harm.
5. Statute of Limitations:
   In New York, you generally have three years from the date of injury—or the date you reasonably discovered the injury—to file a claim.

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There are three main types of product defects:

• Design Defects – Inherent flaws in the product’s design that make it dangerous
• Manufacturing Defects – Errors that occur during production or assembly
• Failure to Warn – Inadequate instructions or missing safety warnings

Types of Defective Products We Investigate

Product defects can occur across all industries. Our team regularly handles cases involving:

• Faulty medical devices (e.g., CPAP machines, Paragard IUDs, Exactech implants)
• Unsafe prescription medications (e.g., Ozempic, Depo-Provera, Mounjaro)
• Automotive issues like airbag failures or defective brakes
• Children’s products with choking hazards or tip-over risks
• Malfunctioning household appliances, power tools, or batteries
• Exposure to toxic substances such as PFAS (“forever chemicals”)

Who May Be Liable?

Product liability isn’t limited to the manufacturer. Depending on how the product was made, marketed, or sold, several parties may be legally responsible:

• Designers and engineers
• Manufacturers and assemblers
• Third-party component suppliers
• Retailers and wholesalers

Even if a retailer wasn’t involved in creating the product, they may be liable if they knowingly sold a defective or recalled item.

What You May Be Entitled to Recover

If you’ve been harmed by a dangerous product, you may be eligible to recover compensation for:

• Emergency and long-term medical expenses
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Disability or disfigurement

In some cases, courts may award punitive damages to punish particularly reckless conduct.

Steps to Take If You Suspect a Product Defect

To protect your rights and strengthen your case:

1. Speak with a Product Liability Attorney:
   A skilled lawyer can evaluate your situation, identify liable parties, and determine whether your claim is viable.
2. Preserve the Product and Documentation:
   Keep the product (if possible), its packaging, receipts, and any instructions or warnings. Document your injuries with medical records and photos.
3. Establish the Link Between the Product and Injury:
   Medical records, expert evaluations, and incident reports may be used to prove that the product defect directly caused your injuries.
4. File a Claim or Lawsuit:
   Once your case is reviewed, your attorney can help you file a lawsuit against the responsible parties within the required timeframe.
5. Prepare for Trial or Settlement:
   Some claims settle out of court, while others proceed to trial. Our team will negotiate aggressively and, if needed, litigate to secure full compensation.

Additional Legal Considerations

• Duty to Warn:
  Manufacturers have a legal obligation to provide clear warnings about any non-obvious risks their products pose during regular use.

• Retailer Responsibility:
  Stores that sell defective products may also be liable—especially if they failed to remove a known hazardous item from their shelves.

Experienced Advocates for Consumers Across New York

At Salenger, Sack, Kimmel & Bavaro, our attorneys have decades of experience in complex personal injury and product liability claims. We know how to take on large corporations and their legal teams—and we’ve built a reputation for securing meaningful results for our clients.

We currently represent clients in a range of product liability and mass tort matters, including:

• Defective medical devices and implants
• Pharmaceutical litigation involving undisclosed side effects
• Toxic exposure lawsuits tied to environmental contamination
• Consumer safety failures in household, automotive, and children’s products

Talk to a New York Product Liability Lawyer Today

If a defective product has caused you harm, you don’t have to face the legal system alone. Let us help you get answers—and fight for the compensation you’re entitled to.

Call 800-675-8556
Or fill out our online form for a FREE case evaluation