Can a product manufacturer be held strictly liable in New York?

What the Law Says

New York does not have a single statutory codification of strict products liability. Instead, the doctrine is judge-made and grounded in common law precedent, especially the landmark case of Voss v. Black & Decker Mfg. Co. Strict liability applies when a product is sold in a defective condition unreasonably dangerous to the user or consumer.

To succeed in a strict products liability claim in New York, a plaintiff must prove: (1) the product was defective when it left the defendant’s control; (2) the defect made the product unreasonably dangerous; (3) the defect caused the plaintiff’s injury; and (4) the product was used for its intended or reasonably foreseeable purpose.

There are three recognized types of defects: manufacturing defects (product deviates from its design), design defects (inherent flaw in the product’s blueprint), and failure-to-warn defects (inadequate instructions or warnings about known risks).

Strict liability does not require proof that the manufacturer was negligent — only that the product was defective and unreasonably dangerous. Also, privity of contract (a direct buyer-seller relationship) is not required; injured bystanders and subsequent users may sue.

What Courts Have Said

New York courts have consistently upheld strict liability as a cornerstone of product injury law, emphasizing protection for consumers over fault-based analysis.

What to Do

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