Defective Product Lawyer New York

A product that fails to perform safely, whether through a design flaw, a manufacturing defect, or inadequate warnings, can cause serious injury to someone who used it as intended. Defective product cases can involve household appliances, tools, vehicles and vehicle parts, machinery, medical devices, or consumer goods, and the manufacturer, distributor, and retailer can each potentially bear some responsibility depending on where the defect originated. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor, and Mr. Sris and the firm’s Of Counsel attorneys work to identify the specific defect involved and every entity in the chain of distribution that may be responsible for it. Call Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation.

What a Defective Product Claim Means in New York

New York product liability claims are generally built on common-law theories developed through case law rather than a single codifying statute: a design defect claim, alleging that the product’s design itself was unreasonably dangerous even when manufactured correctly; a manufacturing defect claim, alleging that a specific unit departed from its intended design during production; and a failure-to-warn claim, alleging that the manufacturer did not adequately warn users of a known danger. These theories can be pursued under strict liability, negligence, or breach of warranty principles, depending on the facts.

A personal injury claim arising from a defective product generally must be commenced within three years under N.Y. C.P.L.R. § 214(5), the same limitations period that applies to most other personal injury claims in New York. Comparative fault in a product liability case is generally addressed under the proportional-reduction rule in N.Y. C.P.L.R. § 1411(a), which by its terms applies to injury claims generally, including product cases, as opposed to the different rule that applies specifically to personal injury claims arising from a motor vehicle collision.

Because more than one entity in the chain of distribution, including a manufacturer, a component-part maker, a distributor, and a retailer, may bear some responsibility for a defective product, a claim can potentially proceed against multiple defendants at once, and preserving the product itself after an injury is often important, since it may serve as key evidence of the defect involved.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Defective Product Cases

Mr. Sris and the firm’s Of Counsel attorneys begin a defective product case by working to identify the precise nature of the defect, whether it involves the product’s design, a manufacturing error affecting the specific unit involved, or inadequate instructions or warnings. This often requires preserving the product itself, along with its packaging, instructions, and any related documentation, before it can be lost, discarded, or repaired.

Because product liability cases can involve technical questions about how a product was designed, manufactured, or expected to be used, expert evaluation is often an important part of building the case. Mr. Sris and the firm’s Of Counsel attorneys work to gather evidence such as purchase records, the product’s history of use, and any similar incidents or recalls that may be relevant to the claim.

Manufacturers and retailers named in a product liability claim frequently have significant resources devoted to defending these cases, and Mr. Sris and the firm’s Of Counsel attorneys prepare each case with the expectation that litigation may be necessary. Medical documentation connecting the injury to the product defect is developed throughout the case. The firm does not guarantee a particular outcome, and the value of any claim depends on the severity of the injury and the strength of the available evidence.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems has been applied to complex financial and technology-related cases, including matters that involve detailed product and manufacturing records.

Attorneys who work with Mr. Sris contract directly with the firm as Of Counsel and are referred to collectively as Mr. Sris and the firm’s Of Counsel attorneys. They handle personal injury matters, including defective product claims, across the jurisdictions where the firm is authorized to practice. The firm maintains 24/7 phone intake so an injured person or family member can reach the firm at any hour, with case matters handled through scheduled appointments.

In a defective product case, the approach centers on identifying the defect accurately and preserving the evidence needed to prove how the product failed. Mr. Sris and the firm’s Of Counsel attorneys evaluate each case on its own facts rather than offering predictions about how a particular claim will resolve.

Frequently Asked Questions

What is the difference between a design defect and a manufacturing defect?

A design defect means the product was unreasonably dangerous even though it was manufactured exactly as intended, while a manufacturing defect means a specific unit departed from its intended design during production, making that particular item more dangerous than others of the same design. A separate failure-to-warn claim can apply regardless of whether the design or manufacturing was otherwise sound.

Should I keep the product that injured me?

Yes, whenever possible. The product itself, along with its packaging, instructions, and any related documentation, often serves as key evidence in a defective product case and should be preserved in its post-incident condition rather than repaired, altered, or discarded.

Can I sue the store where I bought the product, or only the manufacturer?

Depending on the facts, a claim can potentially be brought against the manufacturer, a component-part maker, a distributor, or the retailer, since more than one entity in the chain of distribution may bear responsibility for a defective product. Identifying every appropriate defendant is part of evaluating the claim.

How long do I have to bring a defective product claim in New York?

A defective product personal injury claim generally must be commenced within three years under N.Y. C.P.L.R. § 214(5). The specific facts of the case should be reviewed promptly to confirm the applicable deadline.

What if I was using the product in a way it was not intended for?

How the product was being used at the time of the injury can be relevant to the claim and may be addressed under New York’s comparative fault rule in N.Y. C.P.L.R. § 1411(a), which can reduce recovery in proportion to fault attributable to the injured person rather than automatically barring the claim.

Related Pages

• Catastrophic Injury Lawyer New York
• Burn Injury Lawyer New York
• Amputation Lawyer New York
• Wrongful Death Lawyer New York

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.

A defective product claim is one part of product liability work, and our page on product liability lawyer New York covers the wider process.