Product Liability Lawyer in New York City

Attorney Michael Gunzburg

Why Hire a Product Liability Attorney in New York City?

You need a product liability attorney if a defective or unreasonably dangerous product caused you injury. Common situations include medical devices that malfunction or break inside your body, pharmaceutical drugs with undisclosed dangerous side effects, defective auto parts that cause crashes, children's products with choking hazards or toxic materials, power tools and machinery that lack proper safety guards, consumer electronics that overheat or explode, contaminated food products causing illness, and household products with inadequate warnings about foreseeable risks. These cases occur across all five boroughs, from apartment fires caused by defective appliances in Midtown Manhattan to construction equipment failures in Brooklyn Heights, dangerous medical implants failing in patients throughout Flushing, faulty products sold in stores across Fordham, and consumer goods purchased online delivered to homes in St. George. If a product injured you during normal use or reasonably foreseeable misuse, you may have a claim against the manufacturer, distributor, or retailer.

What to Expect When You Hire Our Product Liability Attorney

Free Case Evaluation and Product Inspection

We review the circumstances of your injury, examine the defective product (if available), research recall histories and similar complaints, and provide an honest assessment of your product liability claim under New York law.

Preservation of Critical Evidence

Product evidence disappears quickly, manufacturers discontinue models, retailers destroy inventory, and physical products get thrown away or repaired. We immediately secure the product, packaging, instructions, receipts, and all related materials to preserve your case.

Expert Analysis of Design, Manufacturing, and Warning Defects

Our team retains engineers, product safety specialists, medical experts, and industry professionals who analyze whether the product had a design flaw, manufacturing defect, or inadequate warnings that made it unreasonably dangerous.

Investigation of the Entire Distribution Chain

We identify all potentially liable parties, including the product designer, manufacturer, component suppliers, distributors, wholesalers, and retailers. Even if the original manufacturer is overseas or out of business, other parties in the chain may be held liable.

Aggressive Pursuit of Maximum Compensation

We fight for full recovery of medical expenses, lost income, pain and suffering, emotional distress, and in cases of reckless or intentional misconduct, punitive damages designed to punish the defendant and deter future dangerous conduct.

Benefits of Hiring Michael Gunzburg, P.C. for Your Product Liability Case

Hold Manufacturers Accountable for Design, Manufacturing, and Warning Defects

Product makers have a legal duty to design safe products, manufacture them without defects, and provide adequate warnings about non-obvious risks. When they fail, people get hurt. We pursue claims for design defects (the product's design itself is unreasonably dangerous), manufacturing defects (something went wrong in production), and failure to warn (inadequate instructions or warnings about foreseeable dangers). Whether it's a medical device, household appliance, vehicle part, or pharmaceutical drug, we prove how the defect caused your injury.

No Upfront Costs, You Pay Nothing Unless We Win Your Case

Product liability cases often require expensive expert witnesses, engineering analysis, product testing, and extensive discovery from corporate defendants. We handle all costs upfront on a contingency fee basis, so you never pay attorney fees or case expenses unless we recover compensation for you.

Proven Track Record, Successfully Represented 100+ Clients in National Products Case

We've handled complex product liability matters, including representing over 100 female clients in a national pharmaceutical medical device products liability case. Our experience spans defective medical devices, dangerous drugs, faulty consumer products, defective vehicle components, and industrial equipment failures. We know how to navigate multi-district litigation, class actions, and individual product injury claims.

Expert Resources to Prove Defects and Causation

Winning a product liability case requires proving the product was defective when it left the manufacturer and that the defect caused your injuries. We work with mechanical engineers, electrical engineers, toxicologists, medical professionals, accident reconstructionists, and product safety experts who provide credible testimony about how the product failed and why it should have been designed, manufactured, or labeled differently.

Maximum Compensation Including Punitive Damages for Reckless Conduct

Beyond compensating you for medical bills, lost wages, and pain and suffering, New York law allows punitive damages when manufacturers knowingly sell dangerous products or recklessly disregard consumer safety. We've seen cases where companies knew about defects, failed to issue recalls, or concealed safety data from regulators. When we prove this level of misconduct, juries can award significant punitive damages to punish the defendant and send a message to the industry.

Common Questions About Product Liability in New York City

What types of product defects can I sue for in New York?

You can sue for three types of product defects under New York law. Design defects exist when the product's design itself is unreasonably dangerous and a safer alternative design was feasible, for example, a ladder that tips easily when a wider base would prevent falls. Manufacturing defects occur when something goes wrong during production, causing a particular unit to differ from its intended design, like a batch of medications contaminated during packaging or a car with a critical bolt improperly installed at the factory. Failure to warn defects arise when manufacturers provide inadequate instructions or fail to warn about non-obvious dangers that consumers wouldn't reasonably anticipate, such as a power tool without proper safety guards or a drug with known serious side effects that aren't disclosed on the label. You don't need to prove the manufacturer was negligent; strict liability means if the product was defective and unreasonably dangerous when it left their control, they're responsible for resulting injuries.

How long do I have to file a product liability lawsuit in New York?

You have three years from the date of your injury to file a product liability lawsuit in New York under CPLR § 214(5). The clock typically starts when you're injured, not when you purchased the product or when the product was manufactured. If your injury develops gradually, like exposure to a toxic substance that causes illness years later, the statute may start when you discover or reasonably should have discovered the injury and its connection to the product. Some exceptions apply: if you're suing a government entity for a defective product in a public facility, you generally must file a Notice of Claim within 90 days. Missing the statute of limitations deadline almost always destroys your case permanently, which is why you should contact a product liability attorney immediately after discovering a product caused your injury.

Who can I sue if a defective product injured me?

You can sue anyone in the product's distribution chain, including the product manufacturer, component part manufacturers who made defective parts used in the final product, assemblers who put the product together, distributors and wholesalers who sold it to retailers, retailers who sold the product to you, and in some cases, designers or installers who had a role in making the product available. New York's product liability law allows you to pursue multiple defendants simultaneously, you don't need to identify which specific party caused the defect. Even if the manufacturer is located overseas, bankrupt, or out of business, other parties who sold or distributed the product can be held liable. This is particularly important in cases involving imported products from countries with limited legal recourse.

Do I need to keep the defective product after my injury?

Yes, absolutely. The defective product itself is the single most important piece of evidence in your case. Preserve it exactly as it was at the time of the incident, do not throw it away, repair it, modify it, or continue using it. Keep all packaging, instruction manuals, warning labels, receipts, and any other documentation that came with the product. If the product is large or hazardous, photograph it thoroughly and store it safely. Your attorneys and expert witnesses will need to examine, test, and sometimes disassemble the product to prove the defect. If you've already discarded the product, cases become much harder to prove, though not always impossible if we can locate identical models or the manufacturer's specifications. Also preserve any medical records, photos of your injuries, and documentation of how the product failed.

What damages can I recover in a product liability case?

You can recover economic damages for all medical expenses including emergency treatment, surgeries, rehabilitation, medications, medical devices, and future medical care related to your injuries. You're entitled to compensation for lost wages during recovery, loss of earning capacity if your injuries prevent you from returning to your previous work, and property damage if the defective product destroyed other belongings. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and disability. In cases where the manufacturer acted recklessly, knowingly selling a dangerous product, concealing safety data, or ignoring repeated complaints, New York law allows punitive damages designed to punish the defendant and deter similar conduct. Punitive damages can sometimes exceed compensatory damages in egregious cases. During your free consultation, we'll evaluate your specific injuries and circumstances to estimate your case's potential value.

Can I still sue if I was partly at fault for my injury?

Yes, under New York's pure comparative negligence rule. Your compensation is reduced by your percentage of fault, but you're not barred from recovery unless you're 100% responsible. For example, if you misused the product in a way that was reasonably foreseeable, like standing on the top step of a ladder clearly marked "Do Not Stand", you may still recover if the ladder also had a design defect that contributed to your fall. The jury would apportion fault between you and the manufacturer, and your damages would be reduced accordingly. However, if you modified the product, used it for something completely unforeseeable, or ignored explicit warnings in a way no reasonable person would, your recovery could be significantly limited or eliminated. These are fact-intensive determinations that depend on your specific case.

What if the product had a warning label?

Warning labels don't automatically shield manufacturers from liability. The question is whether the warning adequately informed you of the specific danger that caused your injury. Warnings must be clear, conspicuous, and describe the actual risk in understandable language. Vague warnings like "Use Caution" or "May Cause Injury" are often inadequate. If a product has a design or manufacturing defect that makes it unreasonably dangerous, no amount of warnings can excuse the defect, the manufacturer may have a duty to fix the design or recall the product rather than simply warn consumers. Additionally, if critical warnings are buried in fine print, printed in a foreign language you don't read, or placed where users won't see them before the danger occurs, the warnings may be deemed inadequate.

How long do product liability cases take in New York?

Most product liability cases take 2-4 years from filing to resolution, though timelines vary significantly based on complexity. Simple cases with clear defects and severe injuries sometimes settle within 12-18 months if liability is obvious and insurance coverage is adequate. Complex cases involving multiple defendants, disputed causation, technical defects requiring extensive expert analysis, or defendants who aggressively litigate can take 4-6 years through trial and potential appeals. Product liability litigation involves extensive discovery including depositions of corporate representatives, engineers, and safety personnel, expert witness reports and depositions, document requests for design files and safety testing data, and sometimes inspection of manufacturing facilities. Many cases settle during mediation or as trial approaches when defendants see the strength of your evidence. We keep you informed throughout and never settle without your approval.

Areas We Serve Clients

Michael Gunzburg, P.C. represents product liability victims throughout New York City, including all five boroughs. We handle cases in Manhattan (including Midtown, the Financial District, and residential neighborhoods), Brooklyn (including Brooklyn Heights, Park Slope, and Williamsburg), Queens (including Flushing, Astoria, and Jamaica), the Bronx (including Fordham, Riverdale, and Mott Haven), and Staten Island (including St. George, New Dorp, and Tottenville). We also serve clients in Nassau and Suffolk Counties and throughout New York State.

Other Personal Injury Services We Offer

• Motor Vehicle Accidents (Car, Bus, Taxi, Train)
• Pedestrian Accidents
• Bicycle Accidents
• Construction Accidents
• Slip and Fall Accidents
• Premises Liability
• Workplace Injuries
• Medical Malpractice
• Police Brutality and Excessive Force

Schedule Your Free Consultation with a New York City Product Liability Attorney

If a defective product injured you or a loved one, don't wait. Evidence disappears quickly, products get discarded, companies destroy records, and witnesses' memories fade. New York's three-year statute of limitations means you have limited time to file. Michael Gunzburg, P.C. offers a free, no-obligation consultation to evaluate your case, explain your legal options, and answer your questions. You pay nothing unless we recover compensation for you. Call 212-725-8500 today or contact us online to get started. Let us hold manufacturers accountable and fight for the compensation you deserve.