New York law
Product Liability Laws in New York.
New York applies strict product liability for design, manufacturing, and warning defects under common law (adopted in Codling v. Paglia, 32 N.Y.2d 330 (1973)) with implied warranty under the UCC. New York has no product-liability statute of repose. For design defects, New York applies a risk-utility balancing test (Voss factors). No statutory cap on compensatory damages. Punitive damages available for conduct showing malice, spite, or reckless disregard.
Last verified: 2026-04-17
State law
Statute of Limitations
3-year personal injury statute applies to product liability. No statute of repose.
State law
Damage Caps
New York does not cap compensatory damages in product-liability cases.
Punitive damages available for malicious or reckless conduct. Subject to constitutional due-process review.
State law
Key New York Statutes
Product sellers are strictly liable for injuries caused by products in defective condition unreasonably dangerous to the user or consumer.
Seven-factor risk-utility test: product utility; risk likelihood; alternative designs; manufacturer's ability to eliminate risk; user's awareness; user's ability to avoid danger; product cost/safety trade-offs.
Manufacturers must warn of dangers known or knowable through exercise of reasonable care. Post-sale duty to warn of later-discovered dangers in specified circumstances.
Goods must be fit for ordinary purpose. Breach supports recovery of consequential damages including personal injury.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New York.
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