Product Liability


Practice Area

What is Product Liability?

Product liability laws set guidelines to provide retribution for victims of dangerous products and compensation for any injuries suffered. A product is required to meet certain expectations; if they don’t meet those expectations, the manufacturer can be held liable for any injuries from using that product.

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What Would be Considered a Violation of Product Liability laws?

There are a wide range of potentially dangerous products out there, so in order to protect you as a consumer, there are product liability laws in place. Product liability lawsuits can be generally categorized under the following three categories: 

  • Defectively Manufactured: Meaning that mistakes were made throughout the process of manufacturing, assembling, or assembling the product for purchase by the seller. It also refers to assembly malfunctions due to insufficient instructions provided by the manufacturer to the consumer.
  • Defectively Designed: Meaning the product was incorrectly manufactured due to a design flaw. Typically, these cases involve more than one issue with the product in question. 
  • Warnings or Instructions: Meaning the proper warning or instructions were not provided, and in turn, resulted in personal injury.

What Happens if My Rights are Violated Under Product Liability Laws?

If you have been injured by a defective product, there are different kinds of liability claims that might apply to your case: 

  • Manufacturing Defects 
  • Design Defects 
  • Marketing Defects
  • Failure to Provide Warnings or Instructions

Knowing the basics of these common product liability claims might help you determine whether or not you have a valid case. Our attorneys will help you identify and prove that you were injured because of a defective product or violation of product liability.

Should I Hire a Product Liability Lawyer?

At Mizrahi Kroub, we’ll guide you through negotiations and get you the settlement you deserve. We can help you determine the damages incurred by using the defective product, secure evidence of losses, and provide you with different settlement options. The intricacies of product liability laws can seem overwhelming, but our experienced attorneys can help you receive the compensation you deserve for defective products.


What Kind of Damages Can I Recover?

If you have filed a product liability lawsuit in New York, you may be able to recover both financial and non-financial damages. Financial damages have monetary value and can include loss of earning capacity, medical expenses, missed wages, and loss of services provided for loved ones.

Non-financial damages can be subjective and may include mental anguish, physical impairment, pain and suffering, and loss of enjoyment of life. Under some circumstances, you can also recover compensation for punitive damages, which are often given when the liable company acted in a way that shows absolute negligence.

How Long Do I Have to File a Lawsuit?

The statute of limitations for a product liability claim varies from state to state. In New York, you must file a personal injury claim three years from the date you first discovered the injury. But in some cases, the deadline can vary based on who the defendant is, the extent of the injury sustained, and the specific cause of action.

What Do I Have to Prove In a Product Liability Claim?

To have a valid product liability claim in New York, you must prove the following:

  • You used the product as intended
  • You suffered injury from the direct use of a defective product
  • The defective product caused your injuries 
  • You suffered an actual financial or physical loss as a result of the defect

Proving product liability can sometimes be very challenging. It requires an in-depth understanding of the product, the legal details, and its possible risks, as well as thorough research into the standards of care that apply in a specific situation. That is why you need to consult with New York product liability lawyers to learn how to navigate the liability process.

Is the Manufacturer Always Liable When a Product is Defective?

In most cases, product liability is regarded as a strict liability offense, implying that the manufacturer is always liable when a product is defective. However, this is not always the case, and the manufacturer can only bear liability if it can be proven that they failed to exercise reasonable care in the design, production, or instructions of the product.

You must also be able to show that the defect was the main cause of your injury or damage. Besides, many other parties can be responsible for a defective product, including:

  • The retailer who sold the product
  • The supplier or distributor who delivered the product
  • The advertising agency
  • The designer of the product

The details of product liability can be complicated, and that is why it's essential to the outcome of your case that you hire a seasoned lawyer who understands the ins and outs of product liability in New York.

If you or a loved one has been injured by a defective product in New York and are looking for reliable assistance, contact the New York product liability lawyers at Mizrahi Kroub LLP.

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