Defective Product FAQ


Product liability law defines the liability or responsibility of manufacturers, distributors, and sellers for injuries or deaths caused by the use of a defective product. This area of law covers many different types of claims, but there are certain legal elements that must be present before a product liability claim will be successful. If you or someone you love has suffered injury, it is important to understand your legal rights and options before you take action and file a claim.

Product liability cases arise more often than you may expect. In fact, the U.S. Consumer Product Safety Commission (CPSC) reported that 13 children suffered toy-related deaths in 2011, and that there were an estimated 262,300 toy-related injuries that year as well. This is one small area of product liability law, and our firm can help you with any of the other types of defective product cases that may arise. Below, we have provided you with answers to some of the most commonly asked questions, and we invite you to call our firm at any time for a free consultation.

Answers from our New York City Product Liability Lawyers

What is the statute of limitations for a product liability case?
The statute of limitations is a section of law that places a time limit on how long you have to file a claim after you have suffered an injury. In the state of New York, you will only have three years from when the injury happens to file a product liability claim against the company responsible. Additionally, you must consider the legal deadline known as the statute of repose. This law mandates that when the discovery of the cause of the injury occurs less than five years after the discovery of the injury, or when with reasonable diligence the injury should have been discovered, you will only have one year to file a claim. To learn more about how these rules apply to your specific case, call our firm. Return to questions.

How much is my defective product case worth?
There is no way to determine the exact amount of money that your case will be worth because there is no standard amount of money that is typically allotted for these cases. If your attorney tries to promise a certain amount of money before fully investigating your injury and your case, you have cause for concern. Here at Greenberg & Stein, P.C., our legal team will conduct a full-fledged investigation of how your injuries were caused, the severity of your injuries, and what future expenses you will have because of your injuries. If we determine that your situation qualifies for a product liability claim, we will pursue the following types of compensation on your behalf:

  • Medical expenses resulting from the incident with the defective product
  • Any out-of-pocket expenses stemming from your injuries
  • Physical pain and mental suffering
  • Lost wages for time away from work
  • Permanent disability

Return to questions.

Who can be held liable for a defective product?
If you have been injured by a defective product, one of the first things you must determine is who is responsible for your injuries. It is the job of your lawyer to determine why the product malfunctioned and then to prove that either the designer or manufacturer was liable for the injuries you suffered as a result of that defective product. Return to questions.

What types of toys are associated with the most injuries?
As a parent, it is one of your responsibilities to keep your children safe from defective or dangerous toys. For children ages 12 or younger and for children ages 15 and younger, the category of toys associated with the most injuries in 2011 were non-motorized scooters. Balloons were also responsible for 23% of the toy-related deaths in 2011. Return to questions.

What does ‘strict liability’ mean?
The strict liability doctrine in New York law exposes the retailers and distributors of defective products to liability merely because they played a role in placing that product in the hands of consumers. Strict liability means that they are held legally responsible even though they do not have meaningful control over the design or manufacturing of that specific product. This used to be true of every product liability case in New York, but recently the courts have recognized that no product can be absolutely safe and manufacturers and sellers cannot become insurers of every single product. As you can see, this legal area is becoming increasingly complicated and it is wise to enlist the help of a legal professional who can provide insight into your unique situation. Return to questions.

If I no longer have the defective device or equipment, do I still have a case?
Yes. Even though it is important to preserve the defective product in the condition that it was in at the time of your injury, failing to do so does not necessarily prevent you from making a claim. It is important to contact a legal professional, however, as soon as you discover your injury. Return to questions.

What are the consequences of losing a product liability lawsuit?
Although many of the cases that our firm accepts are successful, there are some instances where a client is not successful in recovering the full amount of compensation that they were expecting to receive. If this happens in your situation, we may be able to arrange for insurance to cover your risk for having to pay the defendant’s costs. Return to questions.

Contact Greenberg & Stein, P.C. today!

Instead of trying to handle your incident and the expenses associated with your injuries by yourself, you should contact one of the talented lawyers at our firm for assistance. Not only do we have many decades of legal experience on our side, but we are also supremely qualified to handle these types of cases as well. Our wealth of legal resources will be put to use on your claim from the moment you call and schedule your free case evaluation, so pick up the phone today and receive the help you deserve!

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