New York Product Liability Lawyer
Representing People Injured By Dangerous And Defective Products Across Westchester County, The Bronx, Rockland County & NYC
We all rely on products every day—cars, smartphones, appliances, medical devices, tools, children’s toys. We trust that if something is sold to us, it’s been designed, tested, and manufactured with safety in mind. When that trust is broken and a defective or dangerous product causes a serious injury, the consequences can be life-changing.
At Billy Cooper Law, our White Plains product liability lawyers represent individuals and families who have been hurt by unsafe products. We take on manufacturers, distributors, and retailers whose products fail, explode, ignite, break, poison, contaminate, or simply do not perform as a reasonably safe product should.
If a product injured you or someone you love, you shouldn’t be left holding the bag for medical bills, lost income, and long-term complications. We are here to help you pursue accountability and full compensation.
Product liability cases pit injured individuals against some of the largest corporations in the world—companies with vast resources and teams of defense attorneys. At Billy Cooper Law, we level that playing field with decades of experience and a proven track record.
Marvin Cooper’s Legacy in Product Liability Law
Founding partner Marvin A. Cooper brings over 50 years of experience representing injured New Yorkers. His work assisting in drafting Article 51 of the New York Insurance Law in 1973—the No Fault system—demonstrates the institutional knowledge that strengthens every case our firm handles.
Lead trial counsel William H. Cooper, recognized by Super Lawyers in 2024 and 2025, has secured over $41 million in verdicts and settlements. His willingness to take cases to trial sends a clear message to manufacturers and their insurers: we don’t accept lowball offers, and we have the courtroom experience to prove it.
When you’re facing a corporation that prioritized profits over safety, you need attorneys who have spent decades holding them accountable.
What Is Product Liability?
Product liability is the area of law that holds companies responsible when they release defective or unreasonably dangerous products into the marketplace. Unlike a typical negligence case, many product claims are based on strict liability—meaning you don’t have to prove the manufacturer was careless, only that the product was defective and caused your injury.
A products case can involve:
- Design defects
- Manufacturing defects
- Failure to warn / inadequate warnings
- Breach of warranty
We pursue claims against:
- Manufacturers
- Component-part manufacturers
- Distributors and wholesalers
- Retailers and big-box stores
Types Of Defective Product Cases We Handle
At Billy Cooper Law, we handle a wide range of product liability claims, including:
- Defective products causing burns, fractures, electric shocks, or catastrophic injuries
- Design defects making an entire product line inherently unsafe
- Manufacturing defects affecting individual units or specific batches
- Failure to warn about hidden dangers, side effects, or misuse risks
- Breach of warranty when products don’t perform as safely and reliably as promised
Whether your case involves a single device in your home or a product that has harmed thousands of people nationwide, we’re prepared to help.
Defective Products: The Big Picture
A product can be defective at multiple points in its life cycle—on the drawing board, on the factory floor, or in the marketing department.
Common categories of defective products include:
Automobiles and auto parts:
- Defective brakes
- Faulty airbags
- Tire blowouts
- Steering and fuel system defects
These defects can cause serious motor vehicle accidents with devastating consequences.
Medical devices and implants:
- Faulty joint replacements
- Defective pacemakers or cardiac devices
- Hernia or pelvic mesh failures
- Infusion pumps and monitoring equipment
Defective medical devices can also give rise to medical malpractice claims when healthcare providers fail to respond appropriately.
Pharmaceuticals and over-the-counter drugs:
- Dangerous side effects not properly disclosed
- Contaminated or adulterated medicines
- Inadequate warnings about interactions or risks
Consumer electronics and appliances:
- Lithium-ion battery fires or explosions
- Overheating chargers and cables
- Defective wiring in household appliances
Children’s products and toys:
- Choking hazards from small parts
- Toxic materials in paint or plastics
- Unstable cribs, strollers, or high chairs
When these products fail, the result can be burns, fractures, amputations, organ damage, toxic exposures, or even wrongful death.
Design Defects
A design defect means the product is unreasonably dangerous from the start—even when it’s made exactly according to plan. Every unit that follows that design is potentially hazardous.
Examples include:
- A vehicle that tends to roll over during normal turns
- A medical device whose shape or materials cause unexpected tissue damage
- A space heater design that easily tips and ignites nearby materials
- A power tool without basic safety guards that should have been included
Our Approach To Design Defect Cases
- Comprehensive design review with engineers and industry experts
- Comparison to safer alternative designs that were feasible at the time
- Analysis of internal documents (testing data, emails, prior complaints)
- Proof that a safer design would have significantly reduced the risk
If a product is fundamentally unsafe because of the way it was engineered, we aim to hold every responsible company accountable.
Manufacturing Defects
A manufacturing defect occurs when a correctly designed product is built incorrectly—something went wrong on the line, in the plant, or in the supply chain.
Examples include:
- Using substandard materials instead of the specified grade
- Incorrect assembly of a critical component (e.g., brake line, fastener)
- Contamination of food, cosmetics, or pharmaceuticals during production
- Defective batteries, wiring, or welds that compromise product stability
These defects may affect a single unit, a batch, or an entire production run.
Our Approach To Manufacturing Defect Cases
- Inspection of the defective product by engineers and forensic experts
- Review of production records and quality-control protocols
- Analysis of recall notices, prior incidents, and regulatory investigations
- Linking the specific defect to your specific injury
In many manufacturing defect cases, we pursue strict liability, meaning we focus on the defect and the harm—not on whether the manufacturer “meant well.”
Failure To Warn & Inadequate Instructions
Sometimes the problem isn’t how the product was designed or built, but what the company didn’t tell you about its risks.
A failure to warn claim arises when:
- A product has hidden dangers that are not obvious to the average user
- The manufacturer fails to provide adequate warnings or instructions
- Proper warnings would have allowed the user (or a doctor) to avoid the injury
Examples include:
- Medications without clear warnings about serious side effects or drug interactions
- Power tools sold without adequate instructions on safety guards and PPE
- Cleaning products without warnings about toxic fumes or ventilation needs
- Toys that don’t warn about choking hazards or age restrictions
Our Approach To Failure-To-Warn Cases
- Review of product labels, manuals, ads, and marketing materials
- Comparison to industry standards and regulatory guidance
- Expert testimony on what a reasonable consumer or professional would need to know
- Proof that proper warnings would have changed how the product was used
Effective warnings save lives. When companies choose silence or vague language instead of clear safety information, we step in.
Breach Of Warranty
Products don’t just come with instructions—they often come with promises, whether written or implied by law. When those promises are broken and someone gets hurt, a breach of warranty claim may be available.
Types of warranties:
Express warranties: Specific statements in ads, packaging, or manuals about performance or safety.
Implied warranty of merchantability: The product should be reasonably safe and fit for ordinary use.
Implied warranty of fitness for a particular purpose: When a seller recommends a product for a specific use knowing you’re relying on their expertise.
Common breach of warranty scenarios:
- A “shatterproof” or “flame-resistant” product fails exactly in that way
- A “medical-grade” or “surgical-grade” device fails under ordinary use
- A “safe for children” item exposes kids to serious hazards
Our Approach To Breach Of Warranty Cases
- Review of all written warranties, marketing, and labeling
- Analysis of how the product actually performed vs. what was promised
- Proof that the failure caused your injuries and losses
Breach of warranty claims often run alongside strict liability and negligence theories, giving us multiple pathways to recovery.
BILLY COOPER LAW
What Compensation Can You Recover In A Product Liability Case?
When a defective product causes serious harm, the financial and personal impact can be enormous. Depending on the case, compensation may include:
Medical expenses:
- Emergency care and hospitalization
- Surgeries and follow-up treatment
- Rehabilitation and physical therapy
- Medications and medical equipment
Future medical and care needs:
- Long-term treatment plans
- Home health aides and nursing care
- Life-care planning for catastrophic injuries
Lost income and loss of earning capacity:
- Time missed from work during recovery
- Reduced ability to work in the future
- Total disability in severe cases
Pain and suffering:
- Physical pain, limitations, and discomfort
- Emotional distress, anxiety, and trauma
- Loss of enjoyment of life
- Inability to participate in hobbies, sports, or family activities
- Impact on relationships and independence
Wrongful death damages (for families who’ve lost a loved one):
- Funeral and burial expenses
- Loss of financial support and companionship
We work with medical experts, economists, and life-care planners to fully capture both the current and future cost of a product-related injury.
Large manufacturers have enormous resources to defend product liability claims. They employ teams of lawyers, engineers, and expert witnesses whose job is to minimize payouts and protect corporate interests.
At Billy Cooper Law, we match that firepower. Our attorneys have decades of experience taking on major corporations and securing meaningful results for our clients. We invest the time, resources, and expertise necessary to build cases that can withstand aggressive defense tactics.
When a corporation puts a dangerous product on the market, they’re betting that injured consumers won’t have the resources to fight back. We make sure that bet doesn’t pay off.
How Billy Cooper Law Builds A Product Liability Case
Product cases are often complex, technical, and hard-fought. We know how to navigate that terrain.
1. Free Case Evaluation We start by listening. We’ll review what happened, how you were hurt, and whether a defective product may be to blame.
2. Evidence & Product Analysis We secure and preserve the product, gather photos, witness statements, recall notices, and any available incident reports.
3. Expert Investigation We work with:
- Engineers and product designers
- Safety and industry experts
- Medical professionals and specialists
They help us identify the defect, explain how it caused your injuries, and evaluate safer alternatives.
4. Identifying All Liable Parties We look beyond the brand name on the box to the real players:
- Manufacturers
- Component suppliers
- Distributors and wholesalers
- Retailers and big-box stores
5. Negotiation & Litigation We negotiate aggressively with corporate defendants and their insurers. If they refuse to take responsibility, we’re fully prepared to take your case into litigation and, when necessary, to trial.
6. Ongoing Client Support We keep you informed at every step, help you deal with medical billing issues, and remain available to answer your questions from day one through final resolution.
Why Choose Billy Cooper Law For Your Product Liability Case?
- Deep experience with complex injury and liability cases
- Access to top experts in engineering, product design, safety, and medicine
- Client-centered approach focused on your needs, your goals, and your future
- Relentless advocacy against corporations and insurance companies
- Proven track record of securing meaningful financial recoveries
You are not just another “claim” to us. You’re a person whose life was disrupted by a product that never should have been on the market in the first place.
New York Products Liability FAQs: Medical Care and Legal Claims
These answers address common products liability questions under New York law. The facts and applicable rules can change the answer. This is general information, not personal legal or medical advice.
How do I know whether an injury involves a defective product?
The investigation asks whether a design, manufacturing, or warning defect caused the harm, rather than assuming that any product-related accident proves a defect. The product, its intended and reasonably foreseeable uses, instructions, condition, and history all matter.
New York product cases can require technical evidence about how the product should perform and why it failed. The legal test differs among design, manufacturing, and warning theories. A broken product alone does not identify which theory applies or establish every element of the claim.
Sources: Adams v. Genie Industries, NY Court of Appeals (2010); Cornell LII Bulletin: Speller v. Sears and circumstantial proof of a defect.
Should I return, repair, or throw away the product after an injury?
If it can be done safely, preserve the product, packaging, instructions, receipt, and identifying information while obtaining prompt legal advice. Photographs and the original item can be important to determining whether there was a defect. Do not conduct your own destructive testing.
Safety comes first: do not retain or handle an actively dangerous battery, chemical, or other item contrary to emergency or recall instructions. Ask how safe preservation or expert documentation can be arranged before a return or disposal. Record the condition and chain of possession accurately.
Sources: Cornell LII Bulletin: Speller v. Sears and circumstantial proof of a defect; U.S. CPSC: Recalls and product-safety warnings.
Does a product recall automatically prove my injury claim?
No. A recall can identify a relevant hazard or affected model, but the claim still needs evidence that your product was covered, that the alleged defect caused the incident, and that the incident caused your injuries. Recall remedies are not the same as damages for personal injury.
Check the exact model, lot, and recall instructions, and save the notice. The absence of a recall does not by itself prove that a product was safe. Do not treat a recall announcement as an admission resolving every issue in a lawsuit.
Sources: U.S. CPSC: Recalls and product-safety warnings; Adams v. Genie Industries, NY Court of Appeals (2010).
Can there be a claim if the product was destroyed in a fire?
Possibly, but missing physical evidence can make the investigation harder. Cornell’s analysis of Speller v. Sears explains that New York law can permit circumstantial proof of a product defect when the evidence supports malfunction and sufficiently addresses causes not attributable to a defect.
That is not a substitute for investigating alternative explanations. Preserve fire or incident reports, photographs, purchase records, surviving parts when safe, and information about maintenance or modifications. Do not assume that the product’s involvement in the fire proves it started the fire.
Sources: Cornell LII Bulletin: Speller v. Sears and circumstantial proof of a defect.
What should I do after a product causes a burn or electrical injury?
Get appropriate medical help promptly. Burn severity is not always obvious from appearance, and electrical or chemical injuries can require urgent assessment. MedlinePlus advises medical evaluation for serious burns; call emergency services for a life-threatening injury or breathing difficulty.
Tell the clinician what product and exposure were involved, and retain treatment and follow-up records. Do not put evidence preservation ahead of care or re-energize damaged equipment to demonstrate the problem. An injury assessment and an engineering investigation answer different questions.
Sources: NIH MedlinePlus: Burns; U.S. HHS: Your medical records.
Does modifying or misusing a product automatically eliminate a claim?
Not automatically, but modifications, maintenance, warnings, and the way the product was used can be central issues. The evidence must connect an actionable defect to the harm and address other possible causes. A design claim is not decided solely by whether the user followed every instruction.
Be candid about changes, repairs, missing guards, or unusual use. Comparative fault may affect some claims, while other defenses can address whether a defect existed or caused the injury. The governing product theory and facts need individualized review.
Sources: Adams v. Genie Industries, NY Court of Appeals (2010); Cornell LII Bulletin: Speller v. Sears and circumstantial proof of a defect; NY CPLR §1411: comparative fault.
How long do I have to file a product-injury lawsuit in New York?
Many personal-injury product claims have a three-year filing period, generally from injury. A different accrual rule can apply to certain latent exposure injuries under CPLR §214-c, and other legal theories or defendants may involve different periods.
A warranty date, recall date, or the date you first contact the manufacturer is not automatically the lawsuit deadline. Keep the purchase, use, exposure, injury, and diagnosis dates and have the applicable rules checked promptly.
Sources: NY CPLR §214: personal-injury filing periods; NY CPLR §214-c: latent exposure injuries.
What if defective equipment injured me at work?
A work injury may involve a workers’ compensation claim and a separate product claim against a responsible third party. The manufacturer or another outside party is not automatically protected by the employer’s compensation exclusivity, but a defect and causation still must be proved.
Preserve equipment identification, maintenance information you possess, witness details, and work-injury paperwork. Benefits and third-party recoveries can interact through reimbursement and settlement requirements, so coordinate the claims rather than treating them as unrelated payments.
Sources: NY Workers’ Compensation Law §11; NY Workers’ Compensation Law §29: third-party claims and recoveries; Adams v. Genie Industries, NY Court of Appeals (2010).
Do I have to join a class action if other people were hurt by the product?
Not necessarily. The appropriate procedure depends on the product, common issues, pending litigation, and the individual injuries. A class action, coordinated proceedings, and an individual injury lawsuit are not interchangeable ways of valuing a claim.
Ask how your own causation evidence, medical needs, and deadlines would be handled. Do not assume that publicity about other lawsuits files your claim, proves your injury, or preserves your deadline. Similar incidents can be relevant evidence without deciding your case.
Sources: Cornell LII Bulletin: Speller v. Sears and circumstantial proof of a defect; NY CPLR §214: personal-injury filing periods; NY CPLR §4111: past and future injury damages.
What losses may be considered in a defective-product injury claim?
A supported injury claim may include recoverable past and future medical expenses, earnings loss, reduced earning ability, and pain and suffering. The evidence must connect those losses to the product-related harm and support any projected future needs.
A replacement product or refund is not necessarily compensation for personal injury. Before signing a release, understand which claims it covers and how fees, expenses, and any reimbursement obligations affect the proposed payment. A recall or severe injury does not guarantee a recovery.
Sources: NY CPLR §4111: past and future injury damages; New York Rules of Professional Conduct, Rule 1.5: fees and expenses; U.S. CPSC: Recalls and product-safety warnings.
Contact Our White Plains Product Liability Lawyers Today
If you or a loved one has been injured by a defective or dangerous product, you don’t have to face the manufacturer—or their legal team—on your own.
Contact Billy Cooper Law today for a free, confidential consultation.
We’ll review your situation, explain your rights, and outline a strategy to pursue the compensation you need for medical care, lost income, and a safer future.
You trusted the product. Now let us fight to hold its makers accountable.
BILLY COOPER LAW
Get the Answers You Need
At Billy Cooper Law, every day we renew our pledge to help injured people get the justice and compensation they deserve. We have a reputation throughout New York and nationally for standing up for our clients, and we take that responsibility seriously by approaching every case with preparation, persistence, and an unwavering commitment to results.
