A product can be defective in a number of different ways. It may have a design defect, which means that the product, as designed, is defective. Another way a product may be defective is if something went wrong during the manufacturing process, meaning that the design may have been safe, but it was constructed deficiently. Finally, a product can be defective if it does not come with sufficient instructions or warnings.
There aren't any federal product liability laws. Instead, those injured by a product who are seeking to recover for their injuries must do so under state laws. While some states may have laws that specifically govern product liability lawsuits, others address these types of cases under their general personal injury laws. In New York, for example, product liability is not specifically addressed by statute, but is instead covered in the context of civil practice law and rules.
Legal Theories for Product Liability Claims
There are primarily four legal theories that a products liability claim can be based upon:
Exactly what a plaintiff must prove depends on the claim(s) they're making in their lawsuit. For example, while a products liability lawsuit based on negligence must prove fault, one based on strict liability doesn't require a finding of fault. As for a claim based on a breach of implied warranty, the plaintiff must show that the product isn't reasonably fit to be used for its ordinary purposes.
Overview of New York Product Liability Laws
Overviews of the law can be helpful tools, but it's always important to read the actual language of the law. In the following table, you can get started on your research with a brief overview of laws related to product liability claims in New York.
|Statute of Limitations for Filing a Claim||
Whether the product causes an injury to a person or property, a plaintiff has 3 years to file a products liability lawsuit.
How Does a Product Comply with the Warranty of Merchantability Requirement?
In order to comply with the implied warranty of merchantability, goods must be:
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
New York Product Liability Laws: Related Resources
If you'd like more information and resources related to this topic, you can visit the links listed below.
Learn More About New York Products Liability Laws: Talk to a Local Lawyer
If you've been injured by a dangerous or defective product, there's a specified period of time that's allowed for you to recover your losses before you lose the right to do so. That's why it's important to act as soon as possible. Consider speaking to a local products liability attorney to learn about your legal options and the next steps forward.
Contact a qualified attorney.