Defective Product Claims

Every year, thousands of people across New York are injured — sometimes seriously — by products that should have been safe to use. From household appliances and children’s toys to automobiles, industrial equipment, and prescription medications, when a defective product causes harm, the law gives the injured person the right to seek compensation from the companies that designed, made, and sold it.

At Gillette & Izzo, our Syracuse product liability attorneys have spent decades helping New Yorkers recover from injuries caused by dangerous and defective products. The page below is meant as a general, plain-language overview of how product liability law works in New York. If you’ve been hurt by a product you believe was defective, call us at 315-421-1000 for a free, confidential consultation.

What Is Product Liability Law?

Product liability is the area of law that governs claims against the manufacturers, distributors, and sellers of defective products. When a product causes injury because it was poorly designed, improperly manufactured, or sold without adequate warnings, the people harmed may be entitled to compensation for medical bills, lost wages, pain and suffering, permanent disability, and other losses.

Unlike a typical personal injury case, where the injured person must prove someone behaved unreasonably, many product liability claims are based on a doctrine called strict liability — meaning if a product is defective and causes injury, the maker can be held responsible regardless of whether they were “careless” in the everyday sense. More on that in a moment.

The Three Types of Product Defects

New York courts recognize three distinct ways a product can be considered legally defective. Most product liability cases involve one or more of these:

1. Design Defects

The product was made exactly as the manufacturer intended — but the design itself is unreasonably dangerous. Every unit coming off the line carries the same flaw because the blueprint is wrong. Examples include vehicles prone to rollover, household chemicals that release toxic fumes when used as directed, or medical devices that fail predictably under normal use.

2. Manufacturing Defects

The design is fine, but something went wrong during production — a bad batch of materials, a substandard part, an assembly error. Only some units are dangerous, but those that are can cause serious injury. A power tool with a faulty switch, contaminated food, or a tire with an air pocket from improper curing are common examples.

3. Failure to Warn (Marketing Defects)

The product was designed and built correctly, but the manufacturer failed to inform users about a known risk or didn’t provide adequate instructions for safe use. Pharmaceuticals that fail to disclose serious side effects to physicians, machinery without proper safety labels, and chemicals sold without instructions for safe handling all fall into this category.

Strict Liability, Negligence, and Breach of Warranty

Most product liability claims in New York are brought under one or more of three legal theories. A single case may involve all three at once.

• Strict liability — If the product was defective and the defect caused injury, the manufacturer can be held liable. The injured person doesn’t have to prove the manufacturer was careless — only that the defect existed and caused harm.
• Negligence — The manufacturer (or another party in the supply chain) failed to act with reasonable care, and that failure led to the injury.
• Breach of warranty — The product didn’t live up to an express promise (a written warranty) or an implied promise the law builds into every sale (such as the implied warranty that a product is fit for its ordinary use).

Each theory has its own rules, deadlines, and burden of proof, which is one reason product liability claims are best handled by an attorney with experience in this area.

What You Have to Prove to Win a Product Liability Claim

To recover compensation in a New York product liability case, an injured person generally has to show:

• The defendant manufactured, distributed, or sold the product
• The product was defective in design, manufacture, or warning
• The defect existed when the product left the manufacturer’s hands
• The defect was a direct cause of the injury
• The product was being used in a reasonably foreseeable way at the time

Important: preserving the product is critical. Don’t throw it away, return it for a refund, or repair it. The product itself is often the single most important piece of evidence in the case.

Who Can Be Held Liable for a Defective Product?

In New York, anyone in the chain of distribution can potentially be held responsible for injuries caused by a defective product. Depending on the case, that may include:

• The manufacturer of the finished product
• The manufacturer of a defective component part
• The wholesaler or distributor
• The retailer who sold the product to the end user
• In some cases, a designer or marketing company involved in bringing the product to market

This matters because manufacturers — especially large ones — sometimes go bankrupt, dissolve, or are based overseas and difficult to sue. Having multiple potentially liable parties gives an injured person more avenues to recover.

Common Categories of Defective Product Claims

Product liability cases cover an enormous range of products. Some of the most common categories include:

• Defective drugs and medical devices — Pharmaceuticals with undisclosed side effects, implanted devices that fail, and surgical equipment that malfunctions. Because these cases involve both medical complexity and the FDA’s regulatory framework, we handle them through our dedicated Defective Drugs & Medical Devices practice.
• Defective vehicles and auto parts — Faulty airbags, accelerator and brake defects, tire failures, seatbelt failures, and crashworthiness issues
• Dangerous consumer products — Power tools, appliances, household chemicals, electronics with fire hazards, and personal care products
• Children’s products — Defective car seats, cribs, toys, and clothing that present choking, strangulation, or fire hazards
• Industrial and workplace equipment — Machinery without proper guards, defective ladders and scaffolding, and equipment lacking adequate safety warnings
• Toxic and contaminated products — Asbestos, lead-based products, contaminated food, and products that expose users to harmful chemicals

New York’s Statute of Limitations on Product Liability Claims

Time matters — a lot. Product liability cases have strict deadlines, and missing one can permanently bar a claim. In New York, the general rules are:

• Three years from the date of injury to file a personal injury claim based on negligence or strict liability
• Four years from the date of sale to file a breach of warranty claim
• Two years from the date of death to file a wrongful death claim

There are exceptions — for example, if the injured person was a minor at the time, or if the injury wasn’t immediately discoverable. But it’s always best to assume the shortest deadline applies and contact an attorney as soon as possible.

What to Do If You’ve Been Injured by a Defective Product

1. Get medical attention. Your health comes first, and medical records are critical evidence.
2. Preserve the product. Don’t throw it away, modify it, or return it. Store it somewhere safe in the condition it was in when the injury occurred.
3. Save everything related to the purchase. Receipts, manuals, packaging, warranties, and any communication with the seller or manufacturer.
4. Document the scene and your injuries. Photos, witness names and contact information, and a written account of what happened while it’s fresh.
5. Contact a product liability attorney before talking to the manufacturer or any insurance company. What you say — even casually — can affect your case.

Why Choose Gillette & Izzo?

Product liability cases are some of the most complex personal injury matters in the legal system. The defendants are usually large corporations with deep pockets, in-house legal teams, and strong financial incentive to fight every claim. To stand a real chance, you need a firm with the experience, resources, and willingness to take those battles on.

Gillette & Izzo brings:

• Decades of experience representing New Yorkers in serious injury and product liability cases
• A track record of major recoveries, including verdicts and settlements in the millions
• Resources to take on national manufacturers, including expert witnesses, medical reviewers, and full trial preparation
• A contingency fee structure — you pay nothing unless we recover compensation for you
• Local roots in Syracuse with a statewide reach across New York

Talk to a Syracuse Product Liability Lawyer Today

If you or someone you love has been injured by a defective product, you may have a limited window to take legal action. Call Gillette & Izzo at 315-421-1000 or contact us online for a free, confidential consultation. We’ll review the facts, explain your options, and help you decide whether moving forward with a claim makes sense for your situation.

You don’t owe us anything unless we recover for you.