Filing a Claim for Dangerous Product Injuries in New York
Every day, New Yorkers trust the products they buy to be safe. From kitchen appliances and children’s toys to prescription medications and power tools, consumers have a reasonable expectation that what they purchase will not hurt them. When a product fails and causes serious harm, it can be overwhelming to know where to turn. At Jaroslawicz & Jaros, PLLC, our New York Product Injury Attorneys understand how devastating these injuries can be, and knowing your legal rights can make all the difference in what comes next.
Understanding Product Liability
Product liability is the area of law that holds manufacturers, distributors, and retailers accountable when a defective or dangerous product injures someone. In New York, you do not necessarily need to prove that a company was careless. Depending on the circumstances, a company can be held strictly liable, meaning they may be responsible simply because their product was defective and caused harm, regardless of whether they intended for that to happen.
There are three main types of product defects that can give rise to a claim. A design defect means the product was inherently unsafe from the start, before it was ever manufactured. A manufacturing defect means something went wrong during the production process that made a particular item dangerous. A failure to warn, sometimes called a marketing defect, means the company did not provide adequate instructions or warnings about the risks associated with using the product.
What Product Recalls Mean for Your Case
A product recall happens when a manufacturer or a federal agency like the Consumer Product Safety Commission or the Food and Drug Administration determines that a product poses a risk to the public. While a recall can be strong evidence that a product was dangerous, you do not need to wait for a recall to file a claim. Many people are injured by defective products that have never been recalled. Conversely, if a product you were using has been recalled and it caused your injury, that information can be a meaningful part of building your case.
Your Rights as a Consumer in New York
New York has strong consumer protection laws designed to hold companies accountable when they put unsafe products into the marketplace. If you have been injured by a defective product, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. These claims can be brought against multiple parties in the supply chain, not just the original manufacturer, which is an important distinction in cases where products pass through many hands before reaching store shelves.
What to Do After a Product Injury
If a product has injured you, try to preserve the item and its original packaging if it is safe to do so. Take photographs of the product, any visible defects, and your injuries. Seek medical attention immediately and keep thorough records of your treatment. Write down for your attorney everything you remember about how the product was being used at the time of the injury, and hold onto any receipts or proof of purchase you may have.
Time Limits Matter
In New York, the statute of limitations for product liability claims is generally three years from the date of the injury. Waiting too long can forfeit your right to seek compensation entirely, so it is important to speak with an attorney as soon as possible.
Reach Out to Our Office for Legal Help Today
If you or a family member has been seriously hurt by a dangerous or defective product, the team at Jaroslawicz & Jaros, PLLC is ready to help you pursue the justice you deserve. Serving clients across New York City and Long Island, the firm is dedicated to holding negligent companies accountable and standing up for the rights of injured consumers.
Source:
nycbar.org/get-legal-help/article/personal-injury-and-accidents/product-liability/