1. Consumer Protection Lawyer NYC and the Initial Incident
When a catastrophic product failure occurs, immediate preservation of evidence is critical.
A knowledgeable consumer protection lawyer in NYC understands that securing the defective vehicle before the manufacturer inspects or repossesses it often determines whether a successful claim can later be established.
A Sudden Highway Failure
One December afternoon, two clients were traveling in a recently purchased SUV on a major New York highway.
Without warning, the panoramic glass sunroof separated from the vehicle and was propelled into traffic behind them.
Although no secondary collision occurred, the event created an immediate and substantial risk of severe bodily injury.
The occupants were suddenly exposed to flying debris and high-speed traffic conditions, placing them within what New York courts describe as the “zone of danger.”
They were able to pull safely to the shoulder, but the experience caused profound fear and shock.
Securing Evidence in a Product Liability Claim
The vehicle was promptly preserved and made available for independent forensic inspection.
Rather than allowing the manufacturer to control the investigation, counsel ensured that qualified engineers could examine the bonding system, document the failure points, and preserve the chain of custody.
This early intervention proved decisive.
Without proper evidence preservation, the manufacturer could have disputed the condition of the adhesive system or argued that post-incident damage caused the detachment.
2. Consumer Protection Lawyer NYC: Establishing Manufacturer Liability
Under New York law, a product liability claim may be based on a manufacturing defect, a design defect, or a failure to warn. In this matter, the evidence supported a classic manufacturing defect theory.
Expert Findings: Improper Sealant Bond
Forensic engineers determined that the adhesive sealant used to bond the panoramic glass panel to the vehicle frame had been improperly applied during assembly.
Because the bonding compound was unevenly distributed and insufficiently cured, the roof assembly never achieved structural integrity.
In effect, the vehicle left the factory with a latent structural failure.
New York strict products liability law imposes responsibility when a product is defective at the time it leaves the manufacturer and the defect is a substantial factor in causing injury.
Here, the improperly bonded sealant satisfied those legal elements.
In addition to strict liability, the facts also supported negligence in quality control and a breach of the implied warranty of merchantability under the Uniform Commercial Code, as the vehicle was not reasonably fit for its intended use.
3. Consumer Protection Lawyer NYC: Psychological Injury and the Zone of Danger
Although the clients did not suffer physical injury, New York law permits recovery for emotional distress where a plaintiff was placed in immediate risk of physical harm.
Because the sunroof detached at highway speed and exposed the occupants to debris and high-speed traffic, the legal “zone of danger” requirement was satisfied.
Both clients were subsequently diagnosed with Post-Traumatic Stress Disorder.
They experienced recurring flashbacks, severe anxiety when traveling in vehicles, disrupted sleep, and persistent fear of mechanical failure.
A consumer protection lawyer in NYC works closely with psychiatric professionals to establish medical causation and demonstrate that the trauma was directly linked to the product failure.
Calculating Damages in a Manufacturing Defect Case
In New York, damages in a product liability action extend beyond immediate repair costs.
Compensation may include reimbursement for past and future psychological treatment, therapy expenses, lost earnings resulting from trauma-related work limitations, and damages for pain and suffering.
In this case, expert evaluations were used to project the long-term counseling needs of the clients and the anticipated duration of their symptoms. These projections formed a critical component of the settlement demand.
4. Consumer Protection Lawyer NYC: Pre-Litigation Resolution
Personal injury claims in New York are generally governed by a three-year statute of limitations under CPLR 214(5).
Legal action was timely commenced to preserve the claim and protect the clients’ rights.
Because liability evidence was compelling and the manufacturing defect was clearly documented, negotiations progressed before trial.
The strength of the forensic findings significantly limited the manufacturer’s ability to dispute responsibility.
Six-Figure Settlement
The matter ultimately resolved through a substantial six-figure settlement prior to trial.
The compensation provides the clients with financial resources to continue psychiatric treatment and recover from the psychological impact of the event.
By resolving the case before extended litigation, the clients avoided the additional stress and delay that often accompany trial proceedings.
Final Assessment
This case demonstrates that even in the absence of physical injury, a viable product liability claim may exist when consumers are placed in immediate danger due to a manufacturing defect.
A knowledgeable consumer protection lawyer in NYC can preserve critical evidence, establish strict liability under New York law, satisfy the zone-of-danger standard, and negotiate meaningful compensation for psychological harm.
If you have been harmed by a defective vehicle or other consumer product, experienced legal counsel can evaluate your rights and pursue appropriate compensation under New York product liability law.
25 Feb, 2026
