New York City Defective Product Lawyer

A product sitting on a store shelf, ordered online, or handed over at a pharmacy carries an implicit promise: that it was designed and manufactured to do what it is supposed to do without injuring the person using it. When that promise breaks, the consequences range from minor inconvenience to catastrophic, life-altering harm. A New York City defective product lawyer handles the legal fallout when a manufacturer, distributor, or retailer puts something dangerous into the stream of commerce and a real person pays the price for it.

Product liability cases in New York sit at the intersection of engineering, medicine, corporate supply chains, and state tort law. These are not simple claims. The injured person must trace the defect through sometimes complex manufacturing or design processes, identify every party responsible in the distribution chain, and establish the link between the product and the specific injuries suffered. Meanwhile, manufacturers have legal teams and insurance adjusters whose entire job is to minimize what the company pays out. That imbalance matters enormously in how a case gets built and resolved.

New York’s product liability framework covers three broad categories of defects: design flaws that make an entire product line dangerous, manufacturing errors that affect specific units, and failures to warn consumers of known risks. Each category requires a different kind of evidence and a different litigation strategy. Getting this right from the start, before evidence gets lost and witnesses become unavailable, is what separates a well-prepared claim from one that stalls or fails.

Types of Defective Product Claims New York Consumers Face

• Dangerous Design Defects: When the product’s blueprint itself creates an unreasonable risk, every unit that rolls off the line shares the same flaw. Common examples include vehicles with high rollover tendencies, power tools that lack adequate guarding, and children’s items with foreseeable choking hazards that were never corrected before sale.
• Manufacturing Defects: A product can be designed safely but produced badly. A contaminated batch of medication, a welded joint that was not properly inspected, or a car seat with a defective harness clip represent manufacturing errors that deviate from the intended design and put individual consumers at serious risk.
• Failure to Warn: Manufacturers and sellers have a duty to disclose known risks that are not obvious to an ordinary user. Pharmaceutical companies that omit critical side effects from labeling, chemical manufacturers that provide inadequate safety instructions, and power tool companies that downplay electrical risks all fall into this category.
• Recalled and Defective Consumer Products: The U.S. Consumer Product Safety Commission issues recalls regularly, and not all products get pulled from shelves quickly. Injuries from recalled items, including recalled furniture, appliances, baby products, and electronics, often support strong product liability claims even after the recall has been issued.
• Defective Medical Devices: Implants, surgical instruments, infusion pumps, and diagnostic equipment that malfunction inside or on the bodies of patients can cause injuries that take years to fully manifest. New York hospitals and medical centers that serve millions of patients every year see a steady stream of device-related complications that originate with the manufacturer, not the treating physician.
• Contaminated Food and Beverage Products: Distributors and retailers that supply grocery stores, restaurants, and food service operations across the five boroughs are responsible when contaminated products cause illness. Salmonella, E. coli, listeria, and foreign-object contamination all fall under product liability as well as food safety law.
• Motor Vehicle and Component Defects: Defective airbags, brake systems, tires, fuel systems, and steering components have caused serious injuries and deaths across New York highways and city streets. These cases often involve both the vehicle manufacturer and the parts supplier, requiring investigation into both the design and the supply chain.

Why Mark David Shirian P.C. Handles Defective Product Cases in New York

Founded in 2016 by Attorney Mark D. Shirian, the firm was built on a straightforward principle: to help people who have been wronged. Mark David Shirian P.C. has recovered millions on behalf of clients across New York, handling serious injury claims that require both aggressive litigation strategy and careful, individualized attention to each client’s circumstances. That combination matters in product liability work, where cases often require persistent, detail-oriented investigation before a claim can be filed effectively.

Attorneys Mark D. Shirian and Shawn D. Shirian work directly with clients rather than passing cases off to junior staff. Client reviews note that the firm fights hard, pays close attention to case details, and keeps clients consistently informed throughout the process. Those qualities are not incidental in a defective product case. The difference between an attorney who understands your medical situation and one who treats your file as a number often determines how a case resolves. At this firm, every client’s health, finances, and future are treated as the stakes they actually are, not abstractions to be managed from a distance.

The firm has been featured in the news for its work on high-profile matters and serves clients across New York City and throughout the state. For someone whose life has been disrupted by an unsafe product, the goal is the same it has always been at this firm: to set things right and secure the most favorable outcome possible under the law.

What to Do After a Defective Product Injury in New York City

The steps taken in the hours and days following a product-related injury can significantly affect the strength of a legal claim. The single most important thing is to preserve the product itself. Do not throw it away, return it to the store, or attempt to repair it. The physical item is potential evidence, and its condition at the time of the injury is often central to proving a defect existed. Store it safely along with all original packaging, manuals, receipts, and any labels that came with it.

Seek medical attention promptly and be specific with your treating physician about what happened and what product was involved. Medical records that clearly document the cause of injury are foundational in any product liability claim. New York City has major trauma centers and hospital systems throughout Manhattan, Brooklyn, the Bronx, Queens, and Staten Island, and getting proper documentation of your injuries from a licensed provider from the start is essential.

Photograph the product, the defect if visible, and your injuries as soon as possible. If there were witnesses to the incident, collect their contact information. Check whether the product has been subject to a recall by searching the CPSC recall database or the FDA’s MedWatch system for medical devices and medications. A recall does not automatically resolve your claim, but it is important information for your attorney.

New York’s statute of limitations for personal injury claims, including product liability cases, is generally three years from the date of injury. Claims against government entities may carry much shorter notice deadlines, sometimes as little as ninety days. Missing these deadlines eliminates the right to pursue compensation, regardless of how strong the underlying claim may be. Consulting with a New York City defective product attorney as soon as possible after the injury gives your legal team the time needed to investigate the defect, identify all potentially liable parties, and build the evidentiary record before documents and data become unavailable.

Do not speak with the product manufacturer’s insurance company or sign any releases before speaking with an attorney. Statements made early in the process can be used to limit or defeat a claim. Adjusters are trained to gather information and minimize liability, not to advocate for injured people.

Liability in Product Cases: Who Can Be Held Responsible

New York product liability law does not limit responsibility to the company whose name appears on the product. Under strict liability principles applied in New York courts, any party in the chain of distribution can be held responsible for placing a defective product into commerce. That includes the original manufacturer of the product, manufacturers of component parts that contributed to the defect, wholesalers and distributors who moved the product through the supply chain, and retailers who sold it to consumers.

In practice, this means that a case involving an imported consumer product might name the overseas manufacturer, the U.S. importer, a domestic distributor, and the retail chain that sold it. Each party’s role in the distribution chain and its knowledge of the defect is relevant to both liability and damages. Identifying all potentially liable parties early is critical because some may have limited assets or may attempt to shift responsibility to others in the chain.

Strict liability means the injured person does not have to prove that the manufacturer was careless in the conventional negligence sense. The focus is on whether the product was defective and whether that defect caused the injury. This standard can work in favor of injured consumers, but it does not make these cases simple. Manufacturers frequently challenge causation, argue that the product was misused, or contend that an intervening act broke the chain of liability. Responding to those defenses requires preparation and a thorough understanding of how product cases are litigated in New York.

Questions About Defective Product Claims in New York

What is the difference between a product liability claim and a negligence claim?

A product liability claim in New York can proceed under strict liability, negligence, or breach of warranty theories, and often all three at once. Strict liability does not require proof that the manufacturer acted carelessly; it focuses on whether the product itself was defective. A negligence claim looks at whether the company failed to exercise reasonable care in design, testing, or manufacturing. Breach of warranty covers situations where the product failed to meet explicit or implied promises about its safety or performance. An attorney handling your case will assess which theories apply and pursue all that are supported by the evidence.

How long do I have to file a defective product lawsuit in New York?

For most personal injury claims in New York, including those based on product defects, the statute of limitations is three years from the date the injury occurred. For cases involving latent injuries, such as illnesses caused by long-term exposure to a defective product, the clock may start from when the injury was discovered or reasonably should have been discovered. There are also different rules for certain warranty claims and for cases involving government entities, where notice requirements may be much shorter. Do not assume the three-year window applies to your specific situation without confirming it with an attorney.

Can I still pursue a claim if I was partly at fault for my injury?

Yes. New York follows a pure comparative fault system, which means that an injured person can recover damages even if they were partially responsible for what happened. The total award is reduced by the percentage of fault attributed to the injured party, but it is not eliminated. A manufacturer that argues the product was misused will often try to shift a large portion of fault to the consumer. An attorney familiar with defective product cases in New York can counter those arguments with evidence about how the product was actually designed to be used and what risks the manufacturer should have anticipated.

Do I need to keep the defective product to have a case?

Preserving the product is strongly recommended, but losing or discarding it does not automatically end a claim. Other forms of evidence, including photographs, purchase records, manufacturing data, recall notices, expert analysis, and testimony from other consumers who experienced the same defect, can sometimes substitute for or supplement the physical product. That said, the sooner an attorney can inspect and document the item, the stronger the evidentiary foundation tends to be. Retaining the product in exactly the condition it was in when the injury occurred is always the preferred approach.

What if the product that injured me was later recalled?

A recall is significant evidence that a manufacturer or regulatory agency recognized a safety problem with the product. It does not, however, automatically mean the manufacturer will accept liability or that your damages are already established. You still need to connect the specific defect covered by the recall to your injury. In some cases, manufacturers will argue that the recall addressed a different issue than the one that caused your harm. The recall documentation, along with your medical records and the preserved product, becomes part of a larger evidentiary picture.

Can a defective product case be brought if the injury happened at work?

Yes, and this situation arises fairly often. Workers’ compensation may cover medical bills and a portion of lost wages when a workplace injury occurs, but it does not account for the full range of damages that a product liability claim can address. If a defective machine, tool, piece of protective equipment, or chemical caused a workplace injury, a separate product liability lawsuit against the manufacturer is generally not barred by workers’ compensation law. This is sometimes called a third-party claim, and it can significantly expand the total compensation available to an injured worker.

What kinds of compensation can I recover in a defective product case?

Recoverable damages in a New York product liability case can include medical expenses already incurred and future medical costs related to the injury, lost wages and reduced future earning capacity, physical pain and suffering, emotional distress, and in some cases punitive damages when the manufacturer’s conduct was especially reckless. The full value of a claim depends on the severity of the injury, how it affects the injured person’s life going forward, and the strength of the evidence connecting the defect to those losses. Calculating these damages accurately requires both legal and often medical expertise.

Are class action lawsuits an option for defective products?

When a single product defect injures many people in similar ways, class action litigation or mass tort consolidation may be one avenue. Pharmaceutical cases, defective vehicle component cases, and defective medical device cases have all been pursued through these mechanisms at both the state and federal level. However, class actions are not always the best path for individuals who have suffered serious, distinct injuries, because individual cases often allow for greater customization of damages. An attorney reviewing your situation can explain whether your case is better suited to individual litigation, a coordinated proceeding, or another approach.

What if the product was purchased overseas or made by a foreign company?

The fact that a product was manufactured abroad does not insulate the company from liability in New York courts. U.S. importers and domestic distributors can be held liable for defects in foreign-made products, and in some circumstances, foreign manufacturers can be sued directly in New York if they do sufficient business here or if New York courts otherwise have jurisdiction over them. These cases can be more complex from a procedural standpoint, but they are not foreclosed simply because the product originated outside the United States.

How do defective product cases typically get resolved in New York?

Many product liability cases resolve through settlement negotiations before trial, sometimes after significant litigation activity including discovery, depositions, and expert witness retention. Manufacturers and their insurers tend to evaluate settlement based on the strength of the evidence, the severity of the injuries, and the cost and risk of taking the case to trial. Cases that proceed to trial in New York are heard in state Supreme Court (which, confusingly, is the trial court) for state claims or federal district court in appropriate circumstances. The timeline varies considerably depending on the complexity of the defect, the number of defendants, and court scheduling.

Defective Product Representation Across New York City and Beyond

Mark David Shirian P.C. represents clients who have been injured by defective products throughout New York City and across the state. In Manhattan, the firm serves clients in Midtown, the Upper East Side, the Upper West Side, Harlem, Washington Heights, the Financial District, and Tribeca. Throughout Brooklyn, the firm handles cases arising in Park Slope, Bay Ridge, Flatbush, Crown Heights, Williamsburg, Bushwick, Sunset Park, and Canarsie. In Queens, clients come from Flushing, Jamaica, Astoria, Jackson Heights, Forest Hills, Ridgewood, and Far Rockaway. The firm also represents clients from the Bronx neighborhoods of Fordham, Mott Haven, Riverdale, Pelham Bay, and Co-op City, as well as clients from Staten Island communities including St. George, Tottenville, and New Dorp.

Beyond the five boroughs, the firm serves clients across New York State, including Nassau County, Suffolk County, Westchester County, and communities throughout the Hudson Valley and upstate New York. Whether a defective product injury happened on a job site in the Bronx, in a residential building in Queens, or in a suburb well outside the city limits, the firm’s representation extends to where clients need it.

Speak with a New York City Defective Product Attorney Today

Product manufacturers have enormous resources to defend claims, and the sooner you have knowledgeable representation, the better positioned you are to counter them. Mark David Shirian P.C. offers confidential case evaluations for individuals who have been hurt by defective or unsafe products anywhere in New York City or the surrounding region. Attorneys Mark D. Shirian and Shawn D. Shirian will assess your situation directly, explain what your claim may be worth, and outline the realistic path forward. A New York City defective product attorney at this firm is ready to hear what happened and help you understand your options. Reach out today to get started.