Product Liability

NYC Product Liability Lawyers


At Spar & Bernstein, we’ve been successfully resolving personal injury cases for over 50 years. Our experienced personal injury attorneys will seek the best possible outcome in your product liability case to help you put your life back together, when you need it the most.

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Dangerous and defective products cause thousands of injuries every year. If you are injured by a faulty product, our tenacious and experienced litigators will ensure the seller or manufacturer is held liable for your suffering.

At Spar & Bernstein, you’re much more than just a case number. Our attorneys will fight on your behalf to reach the settlement you deserve.


The most common product liability claims recognized by New York State law include manufacturing, design and marketing defects.


Statute Of Limitations (New York Consolidated Laws, Civil Practice Law and Rules – CVP § 214-c)

The statute of limitations states that a product liability claim must be filed within three (3) years of the date of the incident.

Strict Liability (NY PJI 2:120)

The strict liability theory states that if a manufacturer, distributor, retailer or other party sells a defective product, they are responsible if a person is injured by that product.

Negligence (PJI 2:125)

The negligence theory states that if a plaintiff claims they were injured as a result of negligence, they must prove that the manufacturer failed to exercise care when manufacturing the product.

Breach Of Warranty

The breach of warranty theory states that an injured person can file a claim if there was breach of implied or explicit warranty.

Breach Of Contract

The breach of contract theory states that not upholding a contract can lead to physical or emotional harm.

Implied Warranty Of Merchantability (New York Consolidated Laws, Uniform Commercial Code – UCC § 2-A-212)

The implied warranty of merchantability states that the product purchased from a merchant will perform properly when used for the intended purposes.


Anyone involved in the product’s distribution chain may be held liable, including:

  • Manufacturers
  • Retailers
  • Suppliers
  • Distributors
  • Consultants
  • Wholesalers
  • Contractors
  • Designers
  • QC engineers
  • Health professionals


Medical Expenses

Product defects can result in serious injuries that may require surgery, expensive medical treatment or post-accident rehabilitation. If you are hurt by a faulty or dangerous product, you can seek compensation for your medical bills.

Lost Income

If your injury causes you to miss work, you can seek compensation for lost wages. If you own the business where you work and your injury results in lost income, your claim can include compensation for lost profits.

If you are unable to return to work, you can seek compensation for earning potential.

Pain And Suffering

If you suffer from physical pain and emotional distress due to your injury you can seek compensation for pain and suffering.

Loss Of Enjoyment

If you are unable to participate in activities you enjoyed before your injury, you can seek compensation for loss of enjoyment.

Loss Of Consortium

If your injury affects your spousal relationship, you can seek compensation for loss of consortium.

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What Are The Most Common Product Liability Claims?

Product liability claims are most commonly associated with:

  • Negligence: The manufacturer was negligent in regards to product design, the manufacturing process or failure to warn of potential danger.
  • Strict liability: The product is dangerous in itself, and there is no need to prove that the manufacturer was at fault.
  • Breach of warranty: The product failed to perform the way the manufacturer warranted.

Each claim requires proof in varying forms. Contact an experienced personal injury attorney to examine the details of your case and determine the appropriate next steps.

At Spar & Bernstein, we offer a free consultation to review the details of your case and recommend the best course of action.

What Are Examples Of Dangerous Product Cases?

Defective consumer products can include:

  • Household appliances
  • Defective medical devices
  • Children’s toys
  • Car seats
  • Safety equipment, like seatbelts and airbags
  • Vehicle components
  • Medication
  • Construction equipment
  • Tools
  • Electronics
  • Batteries


What Do I Need To File a Product Liability Claim?

To file a product liability claim, the following must be true:

  • You were injured
  • The product that caused your injury was defective, lacked instructions or did include a warning
  • Your injuries resulted from the stated defect, lack of instructions or lack of warning
  • At the time of the injury, you were using the product as intended


When Should I File A Product Liability Claim?

The statute of limitations states that a product liability claim must be filed within three (3) years of the date of the injury.

What Are The Most Common Types Of Product Defects?

The most common types of product defects include:

  • Manufacturing defects
  • Design defects
  • Marketing defects (Failure to warn)

An experienced personal injury lawyer will examine the details of your case and compile the proof needed to reach a settlement.

What Is A Manufacturing Defect?

A manufacturing defect is a problem that occurs during the manufacturing process and results in a faulty, defective or dangerous product.

Examples include:

  • Toys assembled with the wrong screws
  • Tires with weak seals
  • Drugs contaminated due to poor packaging

What Is A Design Defect?

A design defect is a problem related to the design of the product, which results in a product that is unsafe. For example, a design issue with a car that makes it prone to rollover accidents.

What Is A Marketing Defect/Failure To Warn?

A marketing defect, also known as failure to warn, refers to a missing warning label stating potential dangers of a product when in use.

Examples include missing choke hazard warnings on toys for certain age groups or a missing warning label stating that the use of a drug may cause kidney failure.

What Damages Can You Pursue In Product Liability Cases?

If you file a product liability claim, you can seek compensation for:

  • Medical bills
  • Pain and suffering
  • Future medical treatment
  • Physical therapy and rehabilitation
  • Lost wages
  • Future lost earnings
  • Property damage
  • Emotional distress
  • Loss of enjoyment
  • Loss of support if your loved one lost their life in the incident


What Are The Most Common Product Liability Injuries?

The most common injuries in product liability cases include:

  • Fractures
  • Thermal or chemical burns
  • Neck, back and spine injuries
  • Traumatic brain damage
  • Eye injuries
  • Lacerations
  • Accidental poisoning
  • Electric shock or electrocution
  • Traumatic amputation
  • Paralysis
  • Organ failure
  • Serious illness
  • Wrongful death of a loved one

Can I File A Product Liability Claim If I Received Workers’ Compensation?

If you receive worker’s compensation for your injury, that does not automatically mean you cannot file a claim against the manufacturer. To identify your options, contact a personal injury attorney.

Can I File A Product Liability Claim If A Drug I Was Taking Is Recalled?

Save anything related to the drug that was recalled, including packaging and receipts. Get in touch with an experienced product liability attorney to discuss your options.

Can I File A Product Liability Claim If I Was Injured When My Airbag Malfunctioned?

Depending on the cause of the malfunction, you may be able to sue the manufacturer.

A product liability lawyer will review the details of your case to determine your options.

Can I File A Product Liability Claim If I Threw Away The Product?

Although keeping the product is highly recommended, you can file a claim even if the product is no longer in your possession.

To define your options, contact a legal firm that specializes in product liability cases.

How Can A Product Liability Lawyer Help Me?

Hiring an experienced product liability attorney is crucial to the outcome of your case. Your attorney will:

  • Identify the parties that are responsible for your injury
  • Define the type of negligence/liability
  • Consult external specialists
  • Calculate losses
  • File a claim
  • File a lawsuit
  • Communicate with insurance companies
  • Draft and file claims or lawsuits
  • Represent you
  • Negotiate settlements

Can A Class Action Claim Be Filed For Product Liability?

A class action lawsuit is initiated by one or several people on behalf of a larger group of people who have been negatively affected by the same problem.

It is possible to file a class action claim in cases referring to:

  • Unsafe products such as drugs, medical devices, appliances, automobiles, supplements and more
  • Product recalls

Contact an experienced product liability lawyer to discuss your options.

Can I Hire Legal Representation If I Cannot Afford A Lawyer?

At Spar & Bernstein, we never collect payment upfront. We offer a free consultation to examine the details of your case, and you only pay for our services if and when you receive your settlement.

After a settlement is reached, we collect a small percentage of the net amount you received as compensation.

Experienced Leader in Immigration and Injury Law

Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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