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When people purchase products, they expect that they will work properly and be safe. This is usually true and there are no problems. However, defective products can be made in some cases. This may happen if a mistake is made or a manufacturer deviates from protocol during production. When a defective product is made, it can malfunction and cause life-changing injuries to those who use it.

If a manufacturer is negligent in producing a safe product, they may be held responsible for any injuries that happen as a result. This is achieved through product liability laws. When an injured individual wants to pursue a lawsuit, an experienced attorney in New York can help them do so.

What is Product Liability?

Manufacturers have an obligation to make and sell products that are safe. This ensures that those who purchase them cannot be harmed. When a manufacturer does not provide the lawful standard of care, they are putting consumers at risk for serious injuries. If a person does become injured, the manufacturer can be held liable. Defects are sometimes seen in children’s toys, household appliances, and even motor vehicles.

Product liability also requires manufacturers to provide consumers with warning labels on their products. With this, consumers are aware of how to use the products in a correct and safe manner to ensure they do not become injured. It also helps manufacturers avoid lawsuits in the event that a person does use the product wrong and hurts themselves. If a manufacturer does not provide a warning label, they may be held liable for negligence.

Types of Cases

Product liability cases are seen in many different ways. Generally, these cases can be categorized in three ways:

  • Design defect: When a product’s design injures a person because the designer did not consider user safety. To prove negligence, the injured party must prove that a safer and economically attainable design could have been used.
  • Manufacturer defect: If a manufacturer does not follow protocol during production, a product can malfunction and hurt a consumer.
  • Failure to warn: When a person becomes injured due to the lack of a warning label. It is important to keep this product, as it can be used as evidence.


Serious injuries due to defective products often require medical attention. This can cause the injured party to be overcome with medical bills on top of their suffering. These bills can be difficult to manage, which is why they may be eligible to receive financial compensation. If a manufacturer is found liable, they may owe the injured individual compensation to cover these expenses. With this, the injured party can focus on recovering without worrying about affording certain costs related to the accident.

Contact our Firm

If you have been seriously injured as a result of another party’s negligence, contact Swerling Law today to schedule a free initial consultation.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.


Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.


Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

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