Search Site
Menu
222 East Main Street , Suite 212 | Smithtown, New York 11787
Products Liability (FAQ)

Products Liability Claims Frequently Asked Questions (FAQ)

What is products liability law?

Products liability is the area of law that covers defective products that cause property damage or personal injury to consumers.

What is a defective product?

A defective product is a product that has a design defect or a manufacturing defect. If a product lacks an adequate warning of any known dangers associated with its use, the product is also considered to be defective.

Who is liable if a defective product causes an injury?

The manufacturer of a defective product is liable if the product injures a consumer. The store that sells the product, the distributor of the product, and any repairer of the product may also be responsible for any property damage or personal injury resulting from the defective product.
What damages can be recovered if a defective product causes an injury?

Damages mean a monetary award. An injured person can recover compensatory damages in products liability cases. Compensatory damages include medical and hospital expenses, lost wages, and an award for the pain and suffering associated with the injury. Courts can also award punitive damages to punish the manufacturer, seller, distributor or repairer for reckless or outrageous conduct. The spouse of an injured consumer can recover damages for loss of consortium/and or companionship due to the injury.

What must be proved for a successful products liability claim?

A claim based on strict products liability (liability without fault) requires proof that

1. the product was defective;
2. the consumer’s injury was caused by the defect; and
3. the product had not been substantially altered from its original condition
.
A claim based on negligence requires proof that

1. the manufacturer had a duty to provide a safe product;
2. the manufacturer breached its duty; and
3. the product caused the consumer’s injury.

A claim based on breach of warranty requires proof that

1. there was an express or implied warranty that the product was reasonably safe for its intended use;
2. the manufacturer breached the warranty; and
3. the consumer was injured by the product.

Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

Our Office
  • Smithtown Office
    222 East Main Street
    Suite 212
    Smithtown, New York 11787
    Phone: 631-265-6300
    Fax: 631-265-6799
Testimonials
  • "My family and I would not consider another attorney for our personal and professional legal needs. He is as sensitive as he is strong which makes him the perfect person to have representing you in any legal matter."  -Lisa

  • "Mitch is that rare find in an attorney. He’s the big city lawyer in the suburban setting. But more importantly, he’s got your back during business negotiations. He’s smart and gets the big picture well."  -By A Business Client

  • "Mr. Birzon has helped me with several real estate closings, contract negotiations, and litigation matters over the past five years. He has always made time for me and I feel that he valued my questions and concerns. We always reached a solution that exceeded my expectations."  -Justin

  • "Mitch is very knowledgeable, probably the best strategist I have ever encountered. I have dealt with over a dozen attorneys as it relates to my real estate and business investments. Once I met Mr. Birzon my search was truly over. He is extremely competent, knowledgeable, well-staffed and treats my legal concerns as if they were his own. He is a brilliant strategist and a pleasure to work with..I have recommended Mr. Birzon to several business associates who are also more than pleased with his services. He treats a small matter with the same vigor and enthusiasm as he does a major issue."  -Vito

  • "Mitch has been great at reviewing contract documents between my business and New York State Agencies. He has guided me with thoroughness, and the highest professionalism. He has been compassionate and preservers more than anyone I know. I enthusiastically recommend him as an attorney."  -By A Former client

  • "Mitchell Birzon attended to my legal needs as if he were representing a member of his own family. He was creative, persuasive, and persistent, and got results that exceeded my expectations."  -Barbara H., Melville, NY

  • "Barrie was attentive to my needs and situation. She cared enough to call and check in on me even if there was nothing to report. I was thrilled with the outcome of my case. She took care of everything for me and took the worry out of my hands."  -Stefanie Z., Brooklyn, NY

  • "Barrie Bazarsky kept me informed of my case every step of the way. I was extremely satisfied with her representations. I would recommend Barrie in a heartbeat."  -Rhonda P., Melville, NY

  • "Mr. Birzon—Mitch—approached my case with the highest level of expertise and enthusiasm. The case involved medical claims in the federal courts. I couldn’t recommend him with any greater enthusiasm."  -Linda G., Hauppauge, NY