Product Liability

Product Liability Attorneys in New York City

Defective Products Overview

If you have suffered an injury due to use of a defective product, you are not alone.  In 2004 alone, approximately 7 percent of all personal injury cases involved product liability.  Manufacturers, distributers, and retailers are obligated by law to sufficiently warn consumers of potential hazards associated with the proper use of their products.  When they fail to uphold this obligation and a consumer is injured, the victim may file suit to obtain damages.  At Proner & Proner, we handle numerous cases of injury by defective products.  Our product liability attorneys in Manhattan serve clients throughout New York.  When you enlist the services of our team, you can expect to receive the superior legal representation you deserve.  We will provide aggressive legal counsel on your behalf and work to ensure that the appropriate parties are held accountable for your injuries.

What Is Product Liability?

Product liability law determines which party or parties are responsible for injuries caused by defects in a product’s design or manufacture.  When a product possesses a potentially hazardous flaw that leads to consumer injury, the product’s designer, manufacturer, distributer, and retailer can be held liable for the injury.  There is no federal product liability law, and claims are generally based on state laws pertaining to liability and breach of warranty.  Responsible parties can be charged with negligence, failure to warn of the potential for harm, sale of a product with a manufacturing defect or design defect, and a number of other charges.

If you have been injured by a defective product, contact our experienced product liability attorneys in New York today to schedule a free case evaluation.

Defective Products – Types of Cases

Some of the most commonly filed defective product claims involve:

  • Workplace Injuries – Injuries caused by defective products in the workplace are the basis of many product liability claims.  These injuries often result from construction accidents, faulty equipment or machinery, and failure to warn of potential hazards posed by heavy equipment.
  • Medical Malpractice Injuries – Medical malpractice and product liability coincide when a health care provider’s use of a defective product causes injury to a patient.  Examples include a doctor’s prescription of defective or dangerous drugs and use of defective machinery or medical equipment, resulting in a surgical mistake.
  • Motor Vehicle Accidents – Motor vehicle accidents, including auto, truck, and motorcycle accidents, can occur because of defective auto parts – for example, a flaw in an automobile’s engine that causes it to malfunction on the road, resulting in an accident.  Authorities may recall defective automobiles in order to prevent accidents.
  • Dangerous Drugs – Injuries caused by dangerous drugs and other consumer products are among the most common sources of product liability claims.  In recent years, experts have identified numerous potentially unsafe medications (e.g., Accutane® and Fen-Phen) and products (e.g., certain toys and food items).
  • Defective Children’s Products and Other Consumer Products
  • Proving Fault in a Product Liability Case

In product liability cases, the legal theory of strict liability applies.  Under this theory, the injured must prove that the product was “unreasonably dangerous,” that it caused injury while being used in its intended manner, and that it had not been changed significantly from its condition at the time of sale.  Strict liability operates only against manufacturers and sellers who regularly sold the defective products to consumers; second-hand re-sellers may be exempt.

Compensation for Injuries Caused by Defective Products

Compensation for an injury caused by a defective product depends on several factors, including the cause of the injury and the victim’s role in the accident (e.g., whether he or she was using the product in a manner consistent with its labeling).  Expenses for which victims may obtain financial compensation include:

  • Medical expenses
  • Lost income
  • Decreased earning potential
  • Costs of running a household during recovery
  • Loss of enjoyment of life
  • Disfigurement
  • Disability

Contact Our Product Liability Attorneys

If you have sustained a product-related injury, you may be able to obtain compensation.  Contact Proner & Proner today to learn more about the laws pertaining to defective products.  Our product liability attorneys in New York City will work diligently to protect your rights.


Last year we recovered over $15 million for our clients. With that money, our clients are able to pay their medical bills. They are getting their lives back on track after serious injuries and they are holding to account the people who wrongfully injured them.


$1,100,000.00 - Female, 35: Motorcyclist hit by oncoming traffic

Our client was riding on the back of a motorcycle going south when the defendant heading north made a left hand turn in front of the client, causing the accident.
Injuries: Fractured left leg which required surgery

We understand motorcyclists because we ride


$5,100,000.00 - Female, 43: Cyclist hit by truck

Our client was riding her bicycle when a truck was turning and came up onto the sidewalk. Our client went to back up and the truck struck her.
Injuries: Catastrophic injuries to entire right side of body below the waist resulting in amputation of the right leg and hind quarter; bladder rupture; multiple rib and spinal fractures.

$3,500,000.00 - Female, 33: Serious personal injury

Our client fell down the stairs and was knocked unconscious at a New York City
subway station.
Injuries: Fractured skull, subsequent seizure disorder.

$4,300,000.00 - Male, 63: Pedestrian hit by bus

Our client was crossing a street when a bus hit a car and the car spun and hit him.
Injuries: Traumatic brain injury; fractured shoulder.

$750,000.00 - Male, 35: Workers' compensation

Our client was changing a pump strainer on a hot air furnace when he stepped on a board and fell through the ceiling.
Injuries: Herniated disc which required surgery.