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Injured by a Defective Product? How to File a Product Liability Claim in New York

Man injured by malfunctioning product | product liability attorney nyc | Gash & Associates, P.C.

As consumers, we can reasonably expect that the products we purchase function as advertised. Unfortunately, there are times when an item is poorly manufactured, defective, or even dangerous. Injuries from defective products can be severe and cause lasting damage, such as broken bones, torn muscles, burns, and other serious conditions. Many victims of defective products face lengthy physical recoveries and costly medical bills as a result of the incident. If you have suffered an injury from a defective product in Westchester County, you may file a product liability claim against the manufacturer so that you can obtain the compensation you need to get your life back on track.

Building a Strong Product Liability Claim

In order to file a successful product liability lawsuit, you’ll need to provide evidence of the product’s defect and how this flaw led to your injury. It’s highly recommended that you work with an experienced personal injury attorney during this process to ensure that your claim is as strong as possible. Together, you and your attorney can work to demonstrate the threat the product posed and the unlikelihood of the average user to anticipate this danger. Depending on the specifics of your case, you may show that the product design was defective or that the manufacturer failed to make the product according to the original design. In some instances, the company may have been aware of potential dangers to consumers but failed to warn customers of these risks. 

Acting Quickly to Secure Compensation

It’s important to act quickly in matters involving product liability. In New York state, the statute of limitations for product liability claims is three years, meaning that you cannot pursue a claim after this window has closed. The three-year period begins on the date you were injured by the defective product, so make sure to reach out to an attorney as soon as possible to give yourself the best chances of filing a successful and comprehensive claim. If there are multiple instances of similar injuries caused by the same defective product, you may have the option of joining a class-action lawsuit against the manufacturer or company.

Securing Financial Damages After the Claim is Settled

As you and your attorney negotiate a fair settlement, it’s helpful to recognize what the compensation is intended to cover. In a product liability lawsuit, you have the right to recover compensation for medical bills, lost wages, future medical expenses, loss of your future earning capacity, costs associated with physical therapy or rehabilitation, emotional distress, property damage, pain and suffering, and more. Discuss the specifics of your situation with your attorney to determine the best legal strategy for obtaining the compensation you need to rebuild your life. 


For more information about how to pursue a product liability claim in Westchester County, contact the experienced and dedicated personal injury attorneys at Gash & Associates, P.C. today by calling (914) 328-8800. Schedule your free consultation with us today.