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Dangerous product law - often called product liability - covers legal claims brought by people injured by defective or hazardous products. In Buffalo, product liability claims are governed primarily by New York State law and are heard in local courts such as the Erie County Supreme Court and other county-level trial courts. The law recognizes several legal theories for holding manufacturers, distributors, retailers, and sometimes designers or component suppliers responsible for harm. Common theories include strict products liability, negligence, and breach of warranty. Consumers may also seek relief under state consumer-protection statutes when conduct related to a product involves deceptive or unfair practices.
Cases can involve many kinds of products - consumer goods, power tools, household appliances, medicines and medical devices, motor vehicles, industrial equipment, and more. Buffalo claimants often work with local personal injury and product liability lawyers who coordinate medical care, preserve evidence, retain technical experts, and pursue recovery for medical expenses, lost wages, pain and suffering, and other losses.
Product liability cases frequently involve complex factual and technical issues, multiple defendants, and high stakes. You may need a lawyer if:
- You suffered physical injury or significant property damage after using a product that failed, malfunctioned, or lacked adequate warnings.
- The injury required medical treatment, surgery, long-term care, or resulted in lost income.
- The product involved technical design or manufacturing matters that require expert analysis to prove defect or causation.
- Multiple parties might share responsibility - for example a manufacturer, a distributor, and a retailer - and you need someone to identify the proper defendants and coordinate claims.
- You received a settlement offer and want an attorney to evaluate whether it fairly compensates you given your injuries and future needs.
- You need help preserving crucial evidence - for example, keeping the damaged product, preserving service records, or securing data logs from a vehicle or device.
A qualified attorney can evaluate your claim, explain legal options, coordinate experts, manage court filings and deadlines, negotiate with insurers, and represent you at trial if necessary.
Key legal principles and local features relevant to Dangerous Product claims in Buffalo include:
- Theories of recovery - New York law recognizes strict products liability, negligence, and breach of warranty. Strict liability focuses on whether the product was defective and unreasonably dangerous when it left the defendant's control. Negligence focuses on whether the manufacturer or seller failed to exercise reasonable care. Breach of warranty claims arise under the Uniform Commercial Code and can be express or implied.
- Types of defects - Courts generally recognize three categories of product defects: design defects, manufacturing defects, and failures to warn or instruct. Plaintiffs must show how the defect made the product unreasonably dangerous and caused harm.
- Comparative fault - New York reduces a plaintiff's recovery in proportion to the plaintiff's own percentage of fault. That means if a jury finds you partially responsible, your damages award will be reduced accordingly.
- Statutes of limitation and discovery rules - Time limits apply for filing claims. Personal injury claims are typically subject to state statutes of limitation that require filing within a fixed number of years from the date of injury or from the date the injury was discovered or reasonably should have been discovered. Certain rules may extend or shorten filing periods depending on the circumstances; you should consult an attorney promptly to protect your rights.
- Venue and courts - Product liability lawsuits in Buffalo are typically filed in the Erie County Supreme Court for significant claims. Smaller claims may be pursued in local civil or small claims courts, subject to monetary limits that vary by court. Federal court may be an option when claims involve parties from different states and the amount in controversy exceeds the federal threshold, or when federal statutory issues arise.
- Remedies - Plaintiffs may seek compensatory damages for medical costs, lost wages, future care, pain and suffering and property damage. In rare cases, punitive damages may be available if the defendant's conduct was malicious or showed a reckless disregard for safety.
A product can be dangerous or defective if it contains a manufacturing flaw, a design defect that makes it unreasonably dangerous, or inadequate instructions or warnings about risks. Whether a product is legally defective depends on how it was made, how it was designed, how it was marketed, and how it performed in normal use.
Act promptly. Statutes of limitation set deadlines for filing claims. Even if the formal filing deadline seems distant, early action is essential to preserve evidence, obtain medical records, and identify responsible parties. Contact a lawyer as soon as possible to avoid losing rights.
Potentially liable parties include manufacturers, designers, assemblers, parts suppliers, distributors, wholesalers, and retailers. Liability depends on the role each played in the products lifecycle and whether the plaintiff can link the defect to a defendant whose conduct made the product available to consumers.
Most product liability cases require expert testimony to explain the technical cause of the failure, industry standards, and how the defect caused the injury. An experienced attorney will identify and hire appropriate mechanical, engineering, medical, or safety experts to support your case.
Keep the product in the condition it was after the incident whenever feasible. Preserve photos, videos, receipts, packaging, instruction manuals, maintenance records, and any communication with the seller or manufacturer. Document injuries and medical treatment. Avoid repairing the product unless instructed by your attorney.
If you altered the product or used it in an unforeseeable manner, your claim may be weakened. Comparative fault rules may reduce recovery if your conduct contributed to the injury. However, modifications do not always bar recovery, especially if the defect would have been dangerous despite the alteration or if inadequate warnings were provided.
Yes. You can report dangerous products to federal agencies that regulate specific product categories - for example the Consumer Product Safety Commission for consumer goods, the Food and Drug Administration for drugs and medical devices, and the National Highway Traffic Safety Administration for vehicles. State agencies or the New York State Attorney General's office also accept consumer complaints. Reporting does not replace a civil claim but can prompt safety investigations and recalls.
Many product liability lawyers handle personal injury claims on a contingency-fee basis, meaning they receive a percentage of any recovery and no fee if there is no recovery. You should discuss fee arrangements, costs advanced for experts and litigation, and how fees and costs are recovered from a settlement or verdict during the initial consultation.
Many product liability claims are resolved by settlement, but some proceed to trial when parties cannot agree on fair compensation. A lawyer will prepare the case for trial to strengthen bargaining power during settlement negotiations. Whether a case goes to trial depends on the facts, liability exposure, available evidence, and the parties willingness to compromise.
In a successful claim you may recover economic damages such as past and future medical expenses, lost wages, and property damage. Non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life may also be recoverable. In exceptional cases involving particularly egregious conduct, punitive damages may be available to punish the wrongdoer.
Useful organizations and authorities for people dealing with dangerous product issues include federal regulators and state agencies that oversee product safety and consumer protection. Federal agencies often involved are the Consumer Product Safety Commission, the Food and Drug Administration, and the National Highway Traffic Safety Administration. For legal complaints and consumer protection matters consider contacting the New York State Attorney General - Consumer Frauds or Consumer Protection Unit. Locally, Erie County courts and the Erie County Clerk provide court filing information and procedures.
Legal and community resources that may assist you in Buffalo include local bar associations and legal aid organizations that can help you find experienced product liability or personal injury counsel, and community health resources that can help document and treat injuries. Professional engineering and medical associations can also provide recommended experts for technical and medical opinions.
If you believe you have a dangerous product claim, take these practical steps:
- Seek medical attention immediately and follow your doctors instructions. Medical records are key evidence.
- Preserve the product and related items - do not throw away, repair, or alter the item. Photograph the product, the scene, and your injuries as soon as possible.
- Collect documents and records - receipts, warranties, instruction manuals, service and maintenance records, and any communication with the seller or manufacturer.
- Write down your own account of what happened while details are fresh including dates, times, names of witnesses, and the sequence of events.
- Contact a Buffalo-area product liability or personal injury attorney for a consultation. Ask about experience with similar cases, fee structure, expected timelines, and how the attorney will handle experts and investigations.
- Consider reporting the incident to the appropriate federal or state safety regulator. This can trigger further investigation and may help protect others.
Acting promptly helps preserve evidence and legal rights. A knowledgeable local lawyer can evaluate your claim, explain legal options under New York law, and guide you through the process toward a fair resolution.
