How product claims are framed
Product liability covers injuries caused by products that were unreasonably dangerous, whether the problem lies in the design shared by every unit, in a flaw in the particular one you used, or in what the warnings left out. In New York these claims can rest on more than one legal theory, and the choice affects what has to be proven. Responsibility can reach the manufacturer, the maker of a component, the distributor, and sometimes the seller. Alterations to the product or misuse that was not foreseeable are common defenses. A recall can be relevant evidence, but a product does not need to be recalled for a claim to exist.
Keeping the product and the paper trail
Do not throw away, repair, or return the product, and do not hand it to a manufacturer or insurer for inspection without advice. Store it as it is, along with packaging, manuals, receipts, and any parts that broke off. Photograph it and the place where the injury happened. If the product is large, such as a vehicle or an appliance, a lawyer can arrange for it to be preserved and later examined by retained engineers under agreed procedures so that neither side alters it. Record the model and serial numbers, and check whether you registered the product or received a recall notice.
Limits worth knowing about
Some products are governed by federal rules that limit state-law claims. Medical devices that went through the FDA's most rigorous approval process are one example, where federal preemption can narrow claims significantly. Prescription drug claims raise their own preemption and labeling questions, and brand-name and generic medications are treated differently. Large numbers of similar claims are sometimes consolidated before a single federal judge for pretrial proceedings. When you contact us, we go over what the product was, how the injury happened, where it was bought, and which deadlines apply.
