Every product that hurts someone has a failure point. An engineer would call it the root cause: the cell in the battery pack that went into thermal runaway, the weld that cracked, the guard that was never designed in, the warning label that said nothing about the one thing most likely to go wrong. Lawyers use different words for the same idea. A Queens product liability lawyer starts every case the way a failure analyst starts every investigation, by asking what failed, why, and who put it into the stream of commerce.
This guide takes that approach. We'll break a product case into its parts, the way you'd disassemble a device on a bench, and look at each one: the three kinds of defects New York recognizes, the evidence that proves them, the companies that can be responsible, and the specific products that send Queens residents to the emergency room most often right now.
Part one: the legal frame
New York has recognized strict products liability since Codling v. Paglia (1973). "Strict" means you don't have to prove the manufacturer was careless in the ordinary sense. You have to prove the product was defective, the defect was a substantial factor in causing your injury, and you were using the product in a way that was intended or reasonably foreseeable.
Courts recognize three categories of defect. Most real cases involve at least one, and many involve two.
| Defect type | The question | Typical example |
|---|---|---|
| Manufacturing defect | Did this unit come off the line different from the design, in a way that made it dangerous? | A contaminated battery cell, a bad weld, a missing fastener |
| Design defect | Was the design itself unreasonably dangerous, when a safer, feasible alternative existed? | A power saw without a blade guard; a battery pack with no thermal protection |
| Failure to warn | Did the maker fail to give adequate warnings or instructions about dangers it knew or should have known? | No warning about charging a battery unattended or overnight |
Design defects and the risk-utility test
For design claims, New York courts use a risk-utility balancing approach, described in Voss v. Black & Decker (1983). A jury weighs factors like the likelihood and severity of harm, the product's usefulness, the availability and cost of a safer design, and whether that safer design would have made the product less useful. In practice, that usually means an engineer has to show a feasible alternative design that would have prevented or reduced the injury.
Warnings, including warnings about misuse
A manufacturer's duty to warn can extend to foreseeable misuse. In Liriano v. Hobart Corp. (1998), New York's highest court held that a manufacturer may have a duty to warn about the dangers of using a product with its safety guard removed, even where the removal was a substantial modification by someone else. A good warning is specific, visible and tells the user what to do, not just that something is "dangerous."
Part two: the products we see most
E-bike and e-scooter batteries
Lithium-ion batteries in e-bikes, e-scooters and other micromobility devices have become one of the most serious fire hazards in New York City. The FDNY has repeatedly warned that these fires spread fast and produce toxic smoke, and that many involve batteries that are uncertified, damaged, modified or charged with mismatched chargers.
The City responded with Local Law 39 of 2023, which generally prohibits selling, leasing or renting e-bikes, e-scooters and their storage batteries in New York City unless they are certified to recognized UL safety standards and labeled accordingly. When a battery that fails is a non-certified unit sold in the city, that can be powerful evidence in a claim against the seller and the distributor.
These cases often involve multiple victims: the rider, family members asleep in the apartment, neighbors, and building residents injured by smoke. Our post on burn injuries from fires, scalds and battery explosions covers the injury side in more detail, and our e-scooter accident guide covers crashes on the road.
Chargers, phones and power banks
Smaller batteries fail too. A swollen power bank, a counterfeit charger or a damaged cable can start a fire or cause burns. The analysis is the same: identify the specific component, its maker and its seller, and whether it carried genuine safety certification.
Vehicle components: airbags, seatbelts and tires
"Crashworthiness" cases ask whether a vehicle protected its occupants as well as it should have in a foreseeable crash. A defective airbag that deployed with excessive force, failed to deploy, or launched metal fragments; a seatbelt that unlatched; a roof that crushed; a tire tread that separated. These claims often run alongside a car accident claim against another driver. If you were hurt in a crash, our motor vehicle accident timeline explains the parallel deadlines.
Household appliances
Pressure cookers that open under pressure, space heaters that tip without shutting off, dehumidifiers and dishwashers that overheat, gas stoves with faulty valves. Appliances are often subject to recalls, and a recall can be important evidence, though a product can be defective even if it was never recalled.
Tools and workplace machinery
Saws, grinders, nail guns, presses and meat slicers. Missing guards and missing warnings are recurring themes. When a defective machine injures a worker, there may be a workers' compensation claim against the employer and a separate product claim against the manufacturer. Our workers' compensation guide explains how those two claims fit together.
Children's products
Strollers, high chairs, cribs, car seats, toys with small magnets or button batteries. Children's products are subject to federal safety standards, and the Consumer Product Safety Commission's recall database is a good first stop if you suspect a defect. For vehicle-related equipment, including car seats and tires, check the NHTSA recall lookup.
Part three: the evidence chain
Product cases are won or lost on physical evidence. In engineering terms, the failed part is the primary artifact. Lose it, and the case often goes with it.
- Keep the product. Do not throw it away, repair it, return it or send it to the manufacturer, even if the manufacturer offers a replacement in exchange. Store it somewhere dry and safe.
- Keep everything that came with it: packaging, manuals, chargers, receipts, order confirmations, serial numbers.
- Photograph the scene before it is cleaned up, especially after a fire. Fire investigators look at burn patterns to locate the origin.
- Get the reports. FDNY fire marshal reports, police reports and medical records all matter.
- Write down the history: when and where you bought it, how you used and charged it, whether anything about it changed before the failure.
- Don't let anyone test it destructively without notice to all parties. A lawyer can arrange a joint inspection protocol so no one can later accuse you of destroying evidence.
Part four: who can be responsible
Strict liability in New York reaches beyond the company whose name is on the box. Depending on the facts, potential defendants can include:
- The manufacturer of the finished product.
- The maker of a defective component, such as a battery cell or a valve.
- Distributors and wholesalers in the chain.
- Retailers who sold the product, including local shops.
- In some cases, a business that modified or repaired the product.
That reach matters when the manufacturer is overseas or out of business. A local retailer that sold an uncertified e-bike battery in Flushing or Jamaica may be the most practical path to recovery.
Part five: time limits and the defense playbook
Most product injury claims in New York must generally be filed within three years of the injury under CPLR 214. Where the injury results from exposure to a substance and appears later, CPLR 214-c generally starts the clock at discovery. Wrongful death claims generally have two years. Warranty claims follow different rules.
Expect the defense to argue some combination of the following: the product was misused, the product was altered, the injury had a different cause, the warnings were adequate, or the product isn't theirs. Each of those arguments is answered with evidence, which is why preservation matters so much in the first weeks.
Part six: a sample teardown, start to finish
To see how the parts fit together, consider a hypothetical that resembles many calls we receive. A delivery worker in Flushing buys a replacement battery for his e-bike from a small shop. The battery has no UL mark. He charges it in the hallway of his apartment overnight, using the charger that came with it. Around 3 a.m., the battery ignites. He and his roommate escape with burns and smoke inhalation; a neighbor is hospitalized.
Here's how an investigation would approach it:
- Origin and cause. A fire investigator examines burn patterns, the FDNY fire marshal's findings and the remains to confirm the battery was the origin.
- Identify the component. An engineer examines the battery remains: the cell format, the battery management system (the circuitry meant to prevent overcharging and overheating), the enclosure and any markings.
- Classify the defect. A contaminated or damaged cell points to a manufacturing defect. A pack without adequate protective circuitry or thermal barriers points to a design defect. A pack sold without instructions about charging location and supervision raises a warning claim.
- Map the chain. Who made the cells? Who assembled the pack? Who imported it? Who sold it in Flushing? Receipts, packaging and the shop's own purchasing records answer those questions.
- Check the rules. Was the battery sold in New York City without the certification Local Law 39 of 2023 requires? That fact speaks directly to the seller's conduct.
- Address the defense. Expect arguments that the charger wasn't original, that the bike was modified, or that the battery was damaged in a crash. The engineer's analysis responds to each.
Notice that the injured worker might also have a workers' compensation claim if he was working, a claim for his roommate's and neighbor's injuries may run against the same defendants, and the building's response, including whether fire doors and smoke detectors worked, may raise separate questions. Product cases often branch.
Part seven: what a product case can recover
Damages in a product case are the same kinds available in other injury cases in New York: past and future medical expenses, lost wages and earning capacity, pain and suffering, and, where someone died, the pecuniary losses available in a wrongful death claim. Fire cases also involve property losses and displacement costs. In rare cases involving conduct that shows a conscious disregard for safety, punitive damages may be sought. Because product cases often involve serious injuries and well-funded defendants, they tend to be expert-heavy and longer than typical crash cases. Planning for that from the start matters.
Working with our firm
Yakov Mushiyev & Associates represents people in Queens, Long Island and across New York City who were hurt by defective products. We work with qualified engineers and fire investigators, coordinate evidence preservation, and pursue every responsible company in the chain. Our earlier article on defective product claims in Queens is another place to start.
Consultations are free and there is no fee unless we win. Call 718.775.3110 or contact us online. Bring the product, or a photo of it, if you can.
Directions to Yakov Mushiyev & Associates
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, in southeast Queens near the Queens–Nassau border. The map below shows the route from Main Street, Flushing, Queens. We also meet clients by video, at home or in the hospital.
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Product liability FAQ
Do I have to prove the manufacturer was careless?
Not under strict products liability. You generally need to prove the product was defective in its manufacture, its design or its warnings, that the defect was a substantial factor in causing your injury, and that you used the product in an intended or reasonably foreseeable way.
Can I sue the store that sold me a defective product?
Often, yes. New York strict liability generally extends to sellers and distributors in the chain of distribution, not just the manufacturer. That can be important when the manufacturer is overseas or no longer in business.
What if the product was never recalled?
A recall is helpful evidence, but it is not required. A product can be defective even if no recall was ever issued. Many recalls come after injuries, and some dangerous products are never recalled at all.
My e-bike battery caught fire. What should I do first?
Get medical care, then preserve what's left of the battery, charger and bike, along with receipts and packaging. Photograph the scene before cleanup and request the FDNY report. Don't hand the remains to the seller or manufacturer. Talk to a lawyer about arranging an inspection.
How long do I have to file a product liability lawsuit in New York?
Generally three years from the injury for personal injury claims, with special rules for latent exposure injuries and two years for wrongful death. Because physical evidence can be lost quickly, it's wise to act long before the deadline.