Beyond Recalls: Your Rights as a Consumer in New York

On October 27, 2023 by No Comments

As a consumer in the state of New York, you enjoy a range of rights and protections that are designed to ensure your safety and satisfaction when making purchases. These rights go beyond the typical understanding of product recalls and extend to various aspects of the consumer experience.

In this blog, we’ll explore the rights and avenues available to you as a consumer in New York, with a particular focus on pursuing compensation for injuries caused by faulty products.

Right to Safe Products

Every consumer in New York has the fundamental right to purchase products that are safe and free from defects. Manufacturers, distributors, and retailers are obligated to ensure the products they sell meet safety standards and regulations. When a product poses a risk to consumers due to a manufacturing defect, design flaw, or inadequate warnings, you have the right to seek compensation for any injuries or damages it causes.

Product Liability Laws

If you’ve been injured by a faulty product, New York’s product liability laws can offer you recourse. There are three main types of product liability claims:

Manufacturing Defects: You can file a claim if the product was improperly manufactured, making it different from its intended design and thereby causing harm.

Design Defects: If the product’s design is inherently unsafe and poses a risk to consumers, you can seek compensation.

Failure to Warn: Manufacturers have a responsibility to provide clear warnings about potential dangers associated with their products. If you were injured because of a lack of adequate warning, you may have a valid claim.

New York’s Strict Liability Rule

New York operates under a strict liability rule in product liability cases. This means that you don’t have to prove negligence on the part of the manufacturer, distributor, or retailer. Instead, you must demonstrate that the product was defective or dangerous and that it caused your injuries.

Compensation for Injuries

If you’ve suffered injuries or damages due to a faulty product, you can pursue compensation for various losses. This may include:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage

It’s essential to consult with a legal professional who specializes in product liability cases to determine the potential value of your claim and guide you through the legal process.

Statute of Limitations

In New York, there is a time limit within which you can file a product liability claim. Generally, you have three years from the date of the injury to initiate legal action. It’s crucial not to delay seeking legal advice if you believe you have a valid claim, as exceeding this time limit may jeopardize your ability to seek compensation.

Consumer Protection Laws

In addition to product liability laws, New York has consumer protection laws in place to safeguard the rights and interests of consumers. These laws encompass a wide range of areas, including false advertising, fraud, and deceptive business practices. If you’ve been deceived or mistreated by a business, you may have legal remedies available to you.

Lemon Law

If you purchase a new or used vehicle that repeatedly exhibits substantial defects or issues, New York’s Lemon Law can protect you. This law requires the manufacturer to repair or replace the defective vehicle. If they fail to do so within a reasonable number of attempts, you may be entitled to a refund or replacement.

Credit Card Protections

Under federal law, consumers in New York are also protected by credit card laws that limit their liability for unauthorized charges. If your credit card is lost or stolen, your maximum liability for unauthorized charges is $50, and most credit card companies waive even this amount.

Warranty Rights

When you make a purchase, products often come with warranties that guarantee their quality and performance. If a product fails to meet the terms of the warranty, you have the right to seek a repair, replacement, or refund, depending on the terms of the warranty.

Right to a Refund

If a product doesn’t meet your expectations or is defective, you have the right to return it and request a refund. Businesses are required to have a clear and fair return policy, and consumers can take advantage of these policies if they encounter issues with a product.

Product Liability in New York

Consumers in New York have a broad spectrum of rights and protections that go well beyond just product recalls. Whether you’re seeking compensation for injuries caused by faulty products, looking for remedies against deceptive business practices, or dealing with issues related to credit card transactions, it’s crucial to be aware of your rights as a consumer.

If you believe your rights have been violated or you’ve been injured by a faulty product, consulting with a qualified attorney can help you navigate the legal process and seek the compensation and justice you deserve. Remember, an informed consumer is an empowered consumer.