When a product, not a person, caused the harm
A product injury claim asks whether something was wrong with the product and whether that problem caused the harm. The problem might be built into the design of every unit, or it might be limited to the particular item you bought. Warnings and instructions can be at issue on their own. In New York, responsibility can extend beyond the manufacturer to others in the chain of distribution, such as a distributor or retailer. How the product was used matters as well; misuse that could have been foreseen is treated differently from use no one could have anticipated. A recall or a pattern of similar complaints can be relevant, but neither is required to bring a claim.
Keeping the product as it is
Keep the product and every part of it in the condition it was in after the incident, and resist the urge to repair, clean, or test it. Do not send it back to the manufacturer or retailer, even if they offer a replacement or a refund in exchange, without talking to a lawyer first. Store the packaging, manuals, receipt, and any serial or model number. Photograph the product, the scene, and your injuries, and keep medical records and bills together. If someone else, such as an insurer or a landlord, has the item, ask in writing that it be preserved.
Sorting out who is responsible
In the first meeting we identify the product, where and when it was bought, and every company that may have played a role in making or selling it. Sometimes the manufacturer is overseas, which affects how the case is brought and whether a domestic importer or seller is the practical defendant. We discuss how the injury happened and what medical care has followed, and we talk about having an engineer inspect the product under conditions both sides can trust. Filing windows apply, and some run from the date of injury, so the timeline should be set early. You should leave knowing what happens to the product next and what the claim would require.
