New York City Product Liability Lawyer

Defective products cause serious injuries every day in New York City. When a dangerous product injures you or a loved one, you may be entitled to seek compensation from the manufacturer, distributor, or retailer responsible. Parker Waichman LLP represents people harmed by defective products in New York City and nationwide. Our attorneys have helped clients recover substantial settlements and verdicts in product liability cases, including major results in pharmaceutical, medical device, and consumer product litigation. We work on a contingency fee basis, meaning you pay nothing upfront and no attorney’s fees unless we obtain compensation for you. Contact (212) 267-6700 for a free consultation.

Why Choose Parker Waichman LLP for Your Product Liability Case

When you’ve been injured by a defective product, it’s important to work with a law firm familiar with product liability law and capable of handling large manufacturers. Parker Waichman LLP brings decades of experience and a long record of results to these cases.

Founding partner Jerrold S. Parker has practiced law for more than 40 years and is listed in Best Lawyers in America for personal injury and mass tort litigation. He holds a Martindale-Hubbell AV Preeminent rating, the highest available for legal ability and ethical standards. Several of our attorneys are recognized by Super Lawyers and the National Trial Lawyers Top 100.

Our firm has acted as lead counsel and served on steering committees in multidistrict litigation (MDL) matters, including the DePuy Pinnacle Hip Implant litigation (resulting in more than $1 billion in total recoveries), the Bausch & Lomb ReNu contact lens solution case ($250 million settlement), and the Ortho Evra birth control patch litigation ($75 million settlement). This background reflects our ability to handle complex product liability claims. View our verdicts and settlements to learn more about our track record.

Parker Waichman LLP maintains an A+ rating with the Better Business Bureau and has been recognized by U.S. News & World Report for personal injury and mass tort litigation.

We work exclusively on a contingency fee basis, meaning you pay no fees unless we secure compensation through settlement or trial. Our goal is to obtain the most favorable outcome possible for you.

What Is Product Liability in New York?

In New York, product liability law holds manufacturers, distributors, and sellers legally responsible for injuries caused by defective or dangerous products. The state’s strict liability standard means that plaintiffs do not need to prove negligence; they only need to establish that a defect existed and caused harm.

New York recognizes three main types of product defects:

1. Manufacturing defects occur when the product deviates from its intended design during production. Examples include a medical device assembled incorrectly or a contaminated pharmaceutical.
2. Design defects exist when the product’s design creates a safety risk, even if produced correctly. Examples include structural flaws, missing safety features, or hazardous materials.
3. Failure to warn applies when a manufacturer doesn’t provide adequate warnings or instructions about known risks, such as the side effects of medications or potential dangers of certain consumer products. Under New York General Business Law Section 349, manufacturers have a duty to warn consumers of known dangers.

Under New York law, you do not need a direct purchase relationship with the manufacturer (known as privity) to bring a claim. You may file a lawsuit even if the product was purchased through a retailer.

Types of Defective Products We Handle

Parker Waichman LLP represents people injured by many types of defective products. Our attorneys handle cases involving pharmaceuticals, medical devices, consumer goods, automotive defects, and industrial equipment.

• Medical device cases include defective hip and knee implants, surgical mesh, intrauterine devices (IUDs), pacemakers, and other implantable products. Many of these matters involve metallosis, device failure, or inadequate warnings about complications. We have recovered substantial compensation in defective medical device litigation.
• Pharmaceutical cases involve medications or drugs linked to serious side effects or recalls by the FDA. We have represented individuals harmed by drugs lacking adequate safety disclosures or warnings. Our defective drug attorneys handle cases involving medications that cause unexpected harm.
• Consumer product cases include household appliances, electronics, children’s products, and eye care solutions such as contact lens cleaners or solutions. We also handle personal care product claims, including talcum powder and cosmetic items.
• Automotive cases include brake failures, airbag malfunctions, and other safety defects that result in injury or death.
• Industrial equipment and machinery cases involve workplace injuries connected to defective or inadequately guarded products.

Our firm has obtained over $2 billion in aggregate recoveries across product liability matters, including results in DePuy Pinnacle Hip cases ($1.04 billion), Bausch & Lomb ReNu ($250 million), and Ortho Evra ($75 million).

How Parker Waichman LLP Helps Injured Product Victims

When you hire Parker Waichman LLP, our team conducts a detailed investigation into the defective product. This includes its design, manufacture, marketing, and distribution.

Our lawyers collaborate with qualified expert witnesses such as engineers, physicians, and product safety consultants to assess the defect and determine how it caused your injury. We collect medical records, expert reports, and other supporting evidence to build your claim.

We negotiate directly with manufacturers, distributors, and insurers to resolve your case. Many claims result in settlement, but if a fair resolution cannot be reached, we are prepared to go to trial. Our attorneys have extensive courtroom experience and have tried significant product liability cases to verdict.

In multidistrict litigation (MDL) proceedings involving many injured consumers, our firm coordinates with other counsel to streamline litigation and pursue strong collective outcomes.

We maintain communication throughout your case and address your questions promptly. We know serious injuries create stressful circumstances, and we aim to make the legal process as straightforward as possible.

Compensation Available in Product Liability Cases

If your product liability case is successful, you may recover compensation for several categories of damages.

• Medical expenses include costs for emergency care, hospitalization, surgery, medication, therapy, and ongoing treatment. Both past and future medical costs may be included.
• Lost wages cover income lost while healing from injuries. If you cannot return to your prior job, you may also claim compensation for reduced earning capacity.
• Pain and suffering damages account for physical pain and emotional distress, including diminished quality of life or psychological effects.
• Loss of consortium and emotional distress damages may be recoverable if your injury affects your family or relationships.
• Permanent disability damages apply when lasting physical or mental impairments limit your daily activities or employment.
• Wrongful death damages compensate surviving family members when a defective product causes fatal injury.
• Punitive damages may be available in rare cases involving reckless or intentional corporate misconduct.

New York Product Liability Laws and Statutes

New York applies strict liability to defective product claims, meaning plaintiffs need only demonstrate defect and causation, not negligence. Under New York General Business Law Section 349, deceptive practices in commerce are prohibited, which can support product liability claims.

Privity is not required; you may sue a manufacturer even if you purchased through a retailer or received the item as a gift.

The statute of limitations for most product liability claims in New York is three years from when the injury was discovered or reasonably should have been discovered. Exceptions exist, including extensions for minors. Acting promptly is critical because missing the deadline can bar recovery.

Under comparative negligence rules, your damages may be reduced if you share partial fault. You may still recover compensation if you are less than 50% responsible.

New York’s laws differ from other states by limiting certain defenses, such as claiming the product met the “state‑of‑the‑art” at the time of manufacture. These distinctions can influence case outcomes.

Recent industry litigation trends have expanded MDL and class action capabilities, allowing more consumers to pursue compensation collectively.

Frequently Asked Questions About Product Liability

What makes a product defective under New York law?

A product is defective if it has a manufacturing flaw, unsafe design, or inadequate warning. Proof of negligence is not required, only that the defect existed and caused harm.

Who can be held liable for a defective product injury?

Manufacturers, distributors, retailers, and sometimes marketing or component suppliers may share liability, depending on their role in bringing the defective product to market.

What is the statute of limitations for filing a product liability claim in New York?

Generally, you have three years from discovery of injury, with potential extensions for minors. Contact an attorney as soon as possible to confirm the deadline.

How much does it cost to hire Parker Waichman LLP for a product liability case?

We work on a contingency fee basis. We only collect if compensation is obtained through settlement or verdict.

Can I file a product liability claim if the injury happened outside New York?

Yes. Parker Waichman LLP represents clients nationwide and in federal MDL proceedings. Depending on circumstances, your case may be filed in New York or federal court.

What damages can I recover in a product liability lawsuit?

Recoverable damages may include medical costs, lost income, pain and suffering, emotional distress, loss of consortium, permanent disability, and wrongful death damages. Punitive awards may apply if the defendant acted recklessly.

How long does a product liability case typically take?

Timeframes vary based on complexity and whether the case settles or proceeds to trial. Some resolve within months; others take longer. We will discuss timing based on your specific situation.

Contact Parker Waichman LLP for Your Free Product Liability Consultation

If you have been injured by a defective product in New York City or elsewhere, contact Parker Waichman LLP today. Call (212) 267-6700 to speak with a product liability attorney. We offer a free consultation with no obligation and work on a contingency fee basis. Our team is available 24/7 to answer your questions.

Schedule a consultation with our team to discuss your case.

Parker Waichman LLP maintains offices throughout New York City, including Manhattan, Brooklyn, and Queens, as well as locations in New Jersey and Florida. No matter where you are based, our team can help you pursue appropriate legal action for your injuries.