New York Product Liability Laws

Created by FindLaw's team of legal writers and editors | Last reviewed April 15, 2019

A product can be defective in a number of different ways. It may have a design defect, which means that the product, as designed, is defective. Another way a product may be defective is if something went wrong during the manufacturing process, meaning that the design may have been safe, but it was constructed deficiently. Finally, a product can be defective if it does not come with sufficient instructions or warnings.

There aren't any federal product liability laws. Instead, those injured by a product who are seeking to recover for their injuries must do so under state laws. While some states may have laws that specifically govern product liability lawsuits, others address these types of cases under their general personal injury laws. In New York, for example, product liability is not specifically addressed by statute, but is instead covered in the context of civil practice law and rules.

Legal Theories for Product Liability Claims

There are primarily four legal theories that a products liability claim can be based upon:

strict liability;
tortious misrepresentation;
breach of implied warranty; and
negligence.

Exactly what a plaintiff must prove depends on the claim(s) they're making in their lawsuit. For example, while a products liability lawsuit based on negligence must prove fault, one based on strict liability doesn't require a finding of fault. As for a claim based on a breach of implied warranty, the plaintiff must show that the product isn't reasonably fit to be used for its ordinary purposes.

Overview of New York Product Liability Laws

Overviews of the law can be helpful tools, but it's always important to read the actual language of the law. In the following table, you can get started on your research with a brief overview of laws related to product liability claims in New York.

Statute(s)

New York Consolidated Laws, Civil Practice Law and Rules
New York Consolidated Laws, Uniform Commercial Code, Section 2-A-212 (Implied Warranty of Merchantability)

Statute of Limitations for Filing a Claim

Whether the product causes an injury to a person or property, a plaintiff has 3 years to file a products liability lawsuit.

How Does a Product Comply with the Warranty of Merchantability Requirement?

In order to comply with the implied warranty of merchantability, goods must be:

Of fair average quality;
Fit for the ordinary purpose that such goods are used;
Consistently made throughout the different units;
Adequately packaged and labeled; and
In conformity with any promises made on the label.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.