Product Liability Lawyers in Buffalo, Rochester, and Syracuse, NY

Each year, thousands of consumers across the country are injured by defective products. If you were injured by a product, you may be eligible to file a lawsuit seeking compensation for your injuries. When a manufacturer creates and sells a defective product, the manufacturer puts thousands of unsuspecting consumers at risk of harm. If you were injured by a defective product, the experienced team of attorneys at Lipsitz, Ponterio & Comerford, LLC will fight with you to hold the manufacturers accountable and get you the compensation you deserve.

Product liability cases allow injured consumers to recover the costs of the harm that they sustained. Following an injury, victims have the right to pursue a lawsuit against the wholesaler, distributor, retailer, or manufacturer of the faulty product.


Depending on the nature of the defect, different parties may be held accountable for the resulting damage. It is vital to consult with a skilled lawyer as soon as possible following a faulty product injury.

The trusted team at Lipsitz, Ponterio & Comerford, LLC has successfully litigated complex product liability claims.  If you believe you have a product liability lawsuit, reach out to our product liability lawyers in Buffalo, Syracuse, or Rochester, NY to learn more about product liability litigation.

Categories of Product Defects

In New York State, a product can be defective based upon a faulty design, a manufacturing defect or due to the manufacturer’s failure to include adequate warnings and instructions. The defendant(s) in a products liability action are the manufacturers of the product and the sellers, such as the wholesaler, distributor or are several different categories of defects in product liability cases.

Defects in Manufacturing

This type of product defect is the result of errors in the manufacturing, assembly or fabrication processes. The product caused injury because it did not perform as intended. Often, an issue during the manufacturing process caused a dangerous defect that the product otherwise would not have contained.

In New York State, a manufacturer of a product or component part owes a duty to use reasonable care in the manufacture of the product or component so that it will be reasonably safe for its intended or foreseeable uses. A reasonable standard of care means that the degree of care that a reasonably prudent manufacturer would use in the making, inspecting and testing of the product, its components and materials, in order to product a reasonably safe product. Usually, manufacturing defects only affect a small percentage of the entire product line. Under the legal theory of strict liability, the plaintiff does not need to prove that the defendant acted negligently in order to recover damages.  The fact that the material was inherently dangerous is enough to establish that the defendant breached its duty. For example, under a strict liability theory in asbestos claims, the existence of a duty is shown when there is a commercial supplier that manufactures or distributes the product (not just a casual seller) and the mere fact that the product was dangerous or defective is enough to establish a breach of the supplier’s duty.

Design Defects

This type of product defect is not the result of the fabrication or assembly process. Design defects are flaws or faults in the original blueprints or designs of consumer products. 

If a certain design results in a product that is unreasonably hazardous or dangerous, the product is defective. You should not have to worry that the products you purchase are dangerous when they are used correctly.

To determine whether a design defect was the cause of your injury, consider the following questions:

  • Was the product’s fault present in the planning stage?
  • Was the potential danger of the product foreseeable?
  • Was a safer product design possible and economically viable?

If the answer to any of these questions is “yes,” you may be able to recover financial compensation with the help of product liability lawyers. 

Failure to Adequately Warn

Failure to Warn claims arise where the defendant did not adequately warn the user of the dangers associated with the product. In New York, manufacturers have a duty to warn of latent dangers (those that result from foreseeable use of the product) and dangers resulting from unintended uses of the product that are reasonably foreseeable. You may also have a valid legal claim if the manufacturer failed to warn consumers of possible hazards from the use of the product. Any entity involved in the chain of distribution for a product can be held accountable if there was a lack of adequate warning. In an asbestos case argued by the attorneys at Lipsitz, Ponterio and Comerford, LLC, the New York Court of Appeals held that the product manufacturer has a duty to warn against latent dangers resulting from foreseeable uses of its product of which it knew or should have known, from the product’s intended use or a reasonably foreseeable unintended use, and regarding hazards arising from foreseeable uses of the product about which the manufacturer learns after the sale of the product. 

If instructional materials or warning labels could have prevented the injury, the victim can pursue a product liability claim. The organization that oversees requirements for warning labels in the United States is the American National Standards Institute (ANSI).

ANSI has put several criteria in place for product warning labels. Warning labels must:

  • Inform the user of existing hazards
  • Inform users about the level of risk from the product
  • Detail possible effects from the hazard
  • Instruct consumers about how to avoid the hazard

These labels should also be clearly visible on products and there are size and location requirements for some products, such as children’s sleepwear, cosmetics, chemicals and medical devices. Are the letters BIG enough, is the label in the right place and of the right size?

Unfortunately, not all warning labels meet these criteria.

If you believe that your injury was the result of a manufacturer’s failure to adequately warn you, consult with product liability lawyers as soon as possible. The firm of Lipsitz, Ponterio & Comerford, LLC will fight tirelessly to hold negligent manufacturers accountable.

Common Types of Product Liability Cases

Product liability cases can involve a wide range of legal claims, requirements, and issues. There are three standard categories of product liability claims. These categories are negligence, strict liability, and breach of warranty.


Most personal injury cases involve the legal concept of “negligence.” Some product liability claims also rely on this concept. 

In negligence cases, the claimant must show that the other party’s carelessness led to their accident or injuries. The plaintiff must prove that the seller had a duty to provide a reasonably safe product.

The claimant must provide evidence that the seller breached this duty. In product liability cases, the claimant must show that the defendant should have known the product was dangerous.

To prove negligence, the injured person must also prove that the defendant’s negligence caused actual harm. If no harm occurred or if the negligence did not cause the harm, the case will likely be unsuccessful.

Negligence may be present at many different stages in the product development process. These include:

  • Designing and redesigning product plans and blueprints
  • Failing to maintain machinery involved in the manufacturing process 
  • Inadequate product testing before engaging in sales
  • Hasty and careless release of a faulty product

If any party in the chain of distribution for a product is negligent, it can result in harm to consumers. Speak with the knowledgeable product liability lawyers at Lipsitz, Ponterio & Comerford, LLC, to explore your legal options.

Strict Liability

Most product liability claims operate under the legal theory of “strict liability.” This means that the injured claimant only needs to show that a defect in the product led to their injury.

If the product is faulty, the manufacturer can be held strictly liable for the damage that results. This is true even if they were not negligent or careless in the development and manufacturing of the product. 

Strict liability only applies to the initial sale of a product. If a second-hand product causes an injury, strict liability no longer applies.

Warranty Breach

When a consumer purchases a product, they can rely on two distinct warranties. These are known as the “express warranty” and “implied warranty.”

The implied warranty is the reasonable understanding that a product will not cause harm if it is used as intended. This implied warranty applies to all consumer goods.

The term “express warranty” refers to any explicit claims and representations of the product provided by the seller. Express warranties can be put in place by manufacturers or retailers.

If a party in the chain of distribution breached either of these warranties, they can be held accountable. 

Damages in Product Liability Claims

With the help of accomplished product liability lawyers, you can pursue many types of financial recovery through your personal injury claim. “Damages” is the term for payments intended to compensate victims for their accidents and injuries. 

In most types of personal injury cases, damages fall into two separate categories­: economic and non-economic.

Economic Damages

Economic damages are payments awarded to injury victims to compensate for their direct financial losses. Personal injuries do not only result in physical and mental damage. 

Oftentimes, injury victims face mounting financial costs and expenses. When a judge or jury awards economic damages, these payments are meant to help the victim become financially whole.

Some typical examples of economic damages include compensation for:

  • Current and future medical expenses
  • Property Damage Costs
  • Lost wages and income from missed work
  • Other accident-related expenses

Non-Economic Damages 

Not every type of damage relates to monetary loss.. Payments that are meant to compensate for the victim’s intangible losses are called “non-economic” damages. 

Some of the standard examples of non-economic damages include payments for:

  • Pain and suffering
  • Mental distress and anguish
  • Post-traumatic stress disorder (PTSD)
  • Embarrassment
  • Disfigurement and disability
  • Loss of consortium

When an accident is fatal, the decedent’s surviving family can pursue compensation for the victim’s outstanding medical bills. They can also claim financial recovery for end-of-life, funeral, and burial expenses.

If you have been injured because of a faulty product, speaking with product liability lawyers is vital. Securing compensation through a personal injury claim can help you get your life back on track.

Product Liability Lawyers in Buffalo, Syracuse, and Rochester, NY

When you need to hold a negligent manufacturer or distributor accountable, contact the accomplished team at Lipsitz, Ponterio & Comerford, LLC. Our skilled product liability lawyers proudly serve clients in Buffalo, Syracuse, and Rochester, NY.

You should not have to face the costs from an injury that someone’s negligence caused by yourself. The firm of Lipsitz, Ponterio & Comerford, LLC can help. 

In New York State, generally you have three years from the date of injury to bring a products liability action. This three-year statute of limitations is a deadline for filing a lawsuit. If you do not bring your products liability lawsuit within three years from the date of injury, you will be time-barred from ever doing so. There may be other factors to consider in the statute of limitation for your claim which is why you should consult with an attorney.

The attorneys at Lipsitz, Ponterio & Comerford, LLC are experienced in representing consumers who have suffered serious injuries from defective products made by companies responsible for their safe manufacture and design.

If you or a loved one has been injured in a product liability incident, please contact us for a free and confidential evaluation.

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