Defective vehicle component. Faulty medical device. Recalled medication. Exploding appliance. Unsafe children's product. Amazon third-party seller injury. New York products-liability law recognizes three theories: defective design, manufacturing defect, and failure to warn. Strict liability applies to manufacturers in the chain of distribution.
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Preservation of the defective product itself (most important step — do not return it, discard it, or accept a refund). Original packaging, instructions, warranty, receipt. Photos of the injury and the failure mode. Recall notices and prior complaints to CPSC.
Manufacturer insurers are sophisticated. We document the defect theory (design / manufacturing / warning) and the alternative-feasible-design where applicable before approaching.
Products cases require materials-science or engineering experts and can require destructive testing of the failed product. We coordinate testing protocols with the manufacturer's counsel to preserve admissibility.
Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.
NY products-liability personal-injury claims have a 3-year SOL (New York civil procedure rule 214). Wrongful death from a defective product: 2 years from date of death. Toxic-tort / latent-injury claims may follow New York civil procedure rule 214-c (3 years from discovery of injury and cause).
NY recognizes (1) defective design — the product as designed is unreasonably dangerous; (2) manufacturing defect — the specific unit deviated from spec; (3) failure to warn — inadequate warnings of foreseeable risks. Strict liability applies to manufacturers, distributors, and retailers in the chain of distribution (strict products liability under NY law).
The single most important post-injury step is to preserve the defective product in its as-injured condition. Do not return it to the store, do not accept a warranty replacement, do not throw it away. Photograph it, bag it, and call us. Spoliation of the key evidence can sink an otherwise strong case.
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