Pursuing Compensation for Product Defects: What You Need to Know

by Gelbstein October 8, 2025

When a product you trusted fails and causes harm, the physical, emotional, and financial toll can be overwhelming. At Gelbstein & Associates, PLLC, we understand how frustrating it is to suffer an injury due to a defective product—and even more so when you’re unsure of your legal rights or next steps. Pursuing compensation for product defects isn’t just about holding manufacturers accountable—it’s about ensuring your recovery, protecting others, and receiving the justice you deserve.

As a trusted personal injury law firm in Brooklyn, we’ve helped countless clients navigate complex product liability claims and recover significant compensation. Here’s what you need to know if you or a loved one has been injured by a defective product.

Understanding Product Liability

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers to ensure the products they sell are safe for use. If a product is defective and causes injury, the injured party has the right to seek damages through a personal injury claim.

There are generally three types of product defects:

1. Design Defects

These occur when the product’s design is inherently dangerous, even if manufactured correctly. For example, a poorly designed helmet that doesn’t provide adequate protection during a motorcycle accident could be considered defective by design.

2. Manufacturing Defects

These defects happen during the production process and usually affect a specific batch or unit of the product. A car with faulty brakes due to a factory error is a classic example.

3. Marketing Defects

Also known as failure to warn, these cases involve products that lack proper instructions or safety warnings. If a household cleaner fails to indicate the risk of chemical burns, the manufacturer could be held liable for injuries caused.

Steps to Take After an Injury from a Defective Product

If you’ve been injured by a faulty product, taking the right steps immediately can significantly impact your ability to pursue a successful claim.

Seek Medical Attention

Your health and safety come first. Seek medical treatment right away and ensure all injuries are documented.

Preserve the Product

Do not throw the product away. Keep it in the condition it was in at the time of the incident. This evidence could be crucial in proving your case.

Document Everything

Take photographs of the product, your injuries, and the scene. Keep all receipts, instruction manuals, packaging, and medical records.

Report the Incident

Report the injury to the seller or manufacturer, but do not sign any settlement offers or documents without legal guidance.

Consult an Experienced Injury Lawyer

Working with a knowledgeable personal injury attorney can make all the difference. We’ll assess the merits of your case, determine liability, and fight for full compensation, which may include medical expenses, lost income, pain and suffering, and more.

Why Experience Matters in Product Liability Cases

Product liability cases are often complex and aggressively defended by large corporations and insurance companies. As one of the top personal injury law firms in Brooklyn, we bring decades of courtroom experience and negotiation skills to every case. Whether it’s collaborating with engineering experts, uncovering hidden defects, or leveraging our deep understanding of the law, we’re fully prepared to go the distance for our clients.

Our team includes a former senior judge with over 30 years on the bench, giving us unique insight into how these cases are evaluated in court. We’ve handled everything from small consumer product injuries to catastrophic outcomes such as traumatic brain injury and spinal cord damage.

Common Types of Defective Product Cases We Handle

Dangerous automotive parts leading to car or truck accidents
Defective medical devices or pharmaceuticals
Hazardous children’s toys or baby gear
Unsafe construction equipment resulting in workplace injuries
Household appliances that cause fires or electrical injuries

Whether you’re searching for a Brooklyn car accident lawyer, a best injury lawyer for product cases, or a traumatic brain injury lawyer in Brooklyn, NY, we’re here to provide strategic and compassionate representation.