If you were injured by a defective product in New York, see how or why you should file a lawsuit
Product liability lawsuits are a little different from regular personal injury lawsuits, in part because manufacturers have a responsibility to make their products safe when used correctly or in a way that’s foreseeable.
When you purchase something and it breaks or is defective, there are a few ways the typical person would handle this: (1) Get annoyed and throw it out, (2) Try to return it or request a replacement from the retailer or manufacturer, or (3) Try to salvage the item by fixing it yourself.
Each scenario makes sense.
But this also assumes that the item is just broken, but doesn’t actually cause injury or harm. Your annoyance means something—we’ve all been there—if an appliance stops working just after it’s out of warranty, or a new item of clothing tears after it’s been washed just a few times, or a variety of other scenarios. And it’s irritating and frustrating, for sure. But these are not usually reasons to file a lawsuit. A lawsuit is for an injury that happens as a result of a dangerous product.
A product liability lawsuit holds manufacturers, distributors, suppliers, and retailers accountable for the safety of the products they market. In New York, product liability laws are designed to protect consumers from defective and dangerous products.
Types of product liability claims
1. Design defects
A design defect occurs when a product is inherently dangerous due to its design, even if it is manufactured correctly. In these cases, the plaintiff must prove that a safer, feasible alternative design could have been used without compromising the product's functionality or significantly increasing its cost.
2. Manufacturing defects
Manufacturing defects arise when a product deviates from its intended design during the production process, making it unsafe. The plaintiff must demonstrate that the defect occurred during manufacturing and directly caused the injury or damage.
3. Failure to warn
Failure to warn claims for products that are dangerous if they don’t include adequate instructions or warnings. Manufacturers have a duty to inform consumers of the potential risks associated with using their products. The manufacturer can be held liable if a product lacks proper warnings or instructions, and this omission leads to injury.
Strict liability and negligence claims in New York product liability cases
New York strict liability law
Under strict liability, a manufacturer can be liable for a defective product regardless of whether they exercised care during manufacturing.
The plaintiff must prove these elements:
- The product was defective
- The defect existed when the product left the defendant's control
- The defect caused the plaintiff's injury
- The product was used in a reasonably foreseeable manner
For example, strict liability law would likely apply if a person is injured because of a defective vehicle airbag. You do not need to prove negligence where strict liability applies.
Strict liability focuses on the product's defectiveness rather than the manufacturer's conduct. As a result, even if the manufacturer exercised all possible care in designing and producing the airbag, they can still be held liable because the product itself was defective.
The core focus is on the product's defectiveness, which can be a design defect, manufacturing defect, or failure to warn.
Strict liability protects consumers by holding manufacturers and others in the supply chain accountable for product safety.
Negligence and New York product liability claims
In a negligence claim, the plaintiff must show that the defendant failed to exercise reasonable care in designing, manufacturing, or providing adequate warnings for the product. The elements of a negligence claim include:
- Duty: The defendant owed a duty of care to the plaintiff.
- Breach: The defendant breached this duty.
- Causation: The breach caused the plaintiff's injury.
- Damages: The plaintiff suffered actual harm or damages.
Notable legal precedent in New York product liability cases
A few lawsuits set forth precedent for how these types of cases are typically handled in New York.
Codling v. Paglia (1974)
Codling v. Paglia is a landmark case in New York that significantly influenced product liability law. The New York Court of Appeals used this case to adopt the doctrine of strict liability in tort for defective products.
Plaintiff Codling was a passenger in a vehicle manufactured by the American Motors Corp. (AMC).
The vehicle's steering mechanism failed, causing the car to crash. Codling filed a lawsuit against AMC, alleging that the defective steering mechanism caused the accident and his subsequent injuries. The primary legal issue in Codling v. Paglia was whether a manufacturer could be held strictly liable for a defect in its product, even if there was no evidence of negligence on the part of the manufacturer. The New York Court of Appeals ruled in favor of the plaintiff and held that manufacturers could be held strictly liable for product defects.
The case formally introduced strict liability in product liability cases in New York, allowing consumers to seek compensation without proving manufacturer negligence.
Voss v. Black & Decker Mfg. Co. (1983)
This case established precedent in New York courts for design defects.
Plaintiff Edward Voss was injured while using a radial arm saw manufactured by Black & Decker. He claimed that the saw lacked a guard cover for the blade that, if present, would have prevented his injury. He alleged that the saw’s design caused his injury.
The New York Court of Appeals ruled in favor of Voss, providing important guidance on the criteria for establishing a design defect. The court outlined several key points:
Risk-utility test: Balances the risks posed by the product against its utility and benefits. Factors considered include the likelihood and severity of harm, the feasibility of a safer alternative design, and the impact of the alternative design on the product's utility and cost.
Feasible alternative design: To prove a design defect, the plaintiff must show that a safer, feasible alternative design was available at the time the product was manufactured. This alternative design should not compromise the product's functionality or significantly increase its cost.
Manufacturer's knowledge: The court considered whether the manufacturer knew or should have known about the risks associated with the product's design and the availability of safer alternatives. This includes evaluating industry standards at the time of manufacture.
Consumer expectations: The court also considered whether the product met consumers' reasonable expectations regarding safety. If the product's design falls short of these expectations and causes injury, it may be deemed defective.
Sprung v. MTR Ravensburg (1999)
This case addresses failure to warn. Plaintiff Harold Sprung was injured while operating a printing press manufactured by a German company. He claimed the machine lacked adequate warnings and instructions about potential hazards, which led to his injury.
The plaintiff won the lawsuit based on the manufacturer’s duty to provide adequate warnings and instructions about the risks associated with their products; this extends to foreseeable risks that the manufacturer knows or should know about. It also sets forth a process for determining whether a warning is adequate based on its clarity, visibility, and comprehensiveness.
As in any other type of personal injury lawsuit, the duty extends to reasonably foreseeable risks, meaning manufacturers must anticipate potential dangers and inform users accordingly, even if the risks are not immediately obvious.
How to file a product liability lawsuit in New York
- Consult an attorney. A knowledgeable product liability attorney can evaluate your case, guide you through the legal process, and represent you in court.
- Gather evidence. Collect all relevant evidence, including the defective product, medical records, receipts, photographs, and any other documentation that supports your claim. This evidence is crucial in proving the defect and the resulting injury.
- Identify defendants. Determine all potential defendants involved in the supply chain of the defective product. This could include the manufacturer, distributor, retailer, and component suppliers.
- File a complaint. Your attorney will file a formal complaint in the appropriate New York court, outlining your claims, the defendants, and the damages you seek. This document initiates the lawsuit.
- Conduct discovery. Each party will engage in the discovery process, exchanging information and evidence relevant to the lawsuit. This phase is critical for building a strong case.
- Settlement negotiations. Many product liability cases are settled out of court. Your attorney will negotiate with the defendants to reach a fair settlement. If a settlement cannot be reached, the case will proceed to trial.
- Trial. If the case goes to trial, each party will present evidence and arguments before a judge or jury. The court will then render a verdict and determine the appropriate compensation.
Jurisdictional Issues in New York product liability lawsuits
Jurisdiction refers to a court’s authority to hear a particular lawsuit. Determining jurisdiction can be tricky for a product liability lawsuit because often the defendants are manufacturers or retailers based in another state or even another country. There are even more nuances regarding lawsuits filed against internet retailers.
Personal jurisdiction
A defendant must have sufficient contacts with the state of New York for the court to have personal jurisdiction in the case. The defendant must have engaged in activities that allow them to conduct business in New York.
Subject matter jurisdiction
Subject matter jurisdiction refers to the court's authority to hear a particular type of lawsuit. Product liability cases are typically heard in New York state courts. Still, under certain circumstances, they can be brought in federal court if there is diversity of citizenship (the plaintiff and defendant are from different states) and the amount in controversy exceeds $75,000.
Venue
Venue is the specific location within the jurisdiction where the case will be heard. In New York, the venue is usually the county where the plaintiff resides or where the injury occurred. Choosing the proper venue is important for convenience and strategic reasons.
Product liability laws in New York are designed to ensure that consumers are protected from defective and dangerous products. These laws incentivize manufacturers to prioritize safety, and also provide a means for injured people to seek compensation.
Related read: New York Lawsuits for Dangerous Baby & Child Products
Did you know that product liability law varies by state?
What does an injury lawyer do?
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more