New York Statute of Limitations for Defective Products

New York product liability laws protect consumers from dangerous or defective products. Serious injuries due to defective products cost victims millions of dollars in lost wages and pain and suffering every year.

At the same time, statutes of limitation protect product manufacturers, designers, and distributors from having to defend against product liability cases forever. New York has a three-year statute of limitations on product liability claims. Anyone harmed by a defective product must file a claim within three years of injury or learning of the harm to have a valid cause of action.

What Is a Defective Product?

In every state, there are three types of defective products.

• A design defect means the product is unsafe for its stated purpose. Some flaw in the product’s design makes it inherently unsafe for use.
• A manufacturing defect means something went wrong during the manufacturing process for a particular batch of products. The product is usually safe but was defective when it came off the line.
• Warning defects mean the label is wrong or insufficient. It doesn’t give the consumer enough information about the product to use it safely.

Product liability cases are strict liability cases. This means the plaintiff does not have to prove that the manufacturer was careless or negligent. The manufacturer must show that the product did not cause the defendant’s injuries.

Defective Product Statutes of Limitations

Sometimes, the statute of limitations does not begin until a plaintiff discovers their injury (§ 214-c). Plaintiffs have three years to bring a claim, but the clock does not begin until they have discovered the illness or injury. An example of this is toxic exposure, when the date of injury may predate the discovery of an illness by many years. In this type of product liability lawsuit, the statute runs from the date of diagnosis.

Medical malpractice and legal action for medical devices have variable time limits. Medical malpractice is not a defective product, but a device left inside a body may be. If you have a medical malpractice/medical device lawsuit, consult a personal injury attorney immediately.

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 laws you are researching.

Breach of Warranty

Under the Uniform Commercial Code (UCC), a consumer can file a claim for damages if the product breaches an actual or implied warranty or guarantee. The statute of limitation on breach of warranty claims is four years (UCC Section 2-A-506).

Breach of warranty becomes important in a wrongful death lawsuit. The statute of limitations for a wrongful death suit is three years from the date of death. But the statute may be up to six years in a breach of warranty claim. If you believe a loved one has died in a product liability incident, you should discuss your claim with a personal injury lawyer.

Get Legal Advice from a New York Product Liability Attorney

If your injury is due to a defective product, you need information about New York’s statutes of limitation. Get legal advice from an experienced New York product liability lawyer about your personal injury case.