When Consumer Products Fail — The Impact of Defective Product Injuries in Western New York
Bradley Marble

Imagine the peace of mind you expect when using everyday items — a power tool at work, a child’s safety device in the home, an industrial machine on a job site. But when a product is defectively designed, manufactured, or lacks proper warnings, that peace of mind can shatter. In Western New York, injured consumers and workers face not only medical and financial burdens but also the question of who is responsible. At Hardy Marble LLP, we help injured parties pursue compensation for harms caused by defective products in both consumer and workplace settings.

What Qualifies as a “Defective Product”?

Under New York law, a product may be defective — and a manufacturer, distributor, or retailer may be held liable — if one of the following applies:

  • Design defect: The product’s design is inherently unsafe or fails to consider foreseeable uses and misuses.
  • Manufacturing defect: The product was designed safely but was made incorrectly — a specific item departs from the design in a way that makes it unsafe.
  • Failure to warn (marketing defect): Even a well-designed and properly manufactured product can be dangerous if it lacks adequate warnings or instructions for safe use.

Common Scenarios in Western New York

  • Heavy-equipment or power tool failures on construction or industrial sites.
  • Consumer appliances or electronics that overheat, catch fire, or shock the user.
  • Safety apparatus (helmets, scaffolding components, guardrails) that do not perform as intended.
  • Components in commercial vehicles or industrial machinery that lead to catastrophic injuries.

Why Defective-Product Injuries Are Complex

Unlike a simple slip-and-fall case, defective-product claims often involve multiple parties — designers, manufacturers, distributors, retailers — and complex technical issues about how the product was used or misused. Proving liability typically requires expert testimony on engineering, manufacturing processes, and industry standards. It’s also essential to preserve evidence: the defective item, user logs, maintenance records, and any warnings or instructions provided.

How We Help Injured Victims

At Hardy Marble LLP, we offer:

  • A thorough investigation of the product failure, including gathering the item if possible, and liaising with forensic experts.
  • Identifying all possible defendants (making sure no responsible party goes unnamed).
  • Coordinating claims whether the injured person is an employee (possible workers’ compensation overlap) or a consumer/third-party.
  • Advocating for compensation for medical bills, lost wages, diminished earning capacity, pain and suffering, and other losses.

What You Should Do if You’re Injured by a Defective Product

  • Preserve the product (if safe to do so) — avoid returning or throwing away the item.
  • Document your injury and usage — when and how you were using the product, how the failure occurred, photographs of the scene, injuries, the product mark/model.
  • Notify your employer (if at work) and seek immediate medical attention.
  • Keep records of everything — medical treatment, time off work, witness names, promotional materials, or instructions that came with the product.
  • Reach out to an experienced attorney before talking to insurance companies or manufacturer investigators.

Why Choose Us in Western New York

We know the region — the contractors, industrial operations, factories, local courts, and insurance carriers. We offer personalized attention, ensuring your claim is handled with the urgency it deserves. Whether you were hurt in a warehouse, factory floor, construction zone, or as a consumer at home — we’re ready to stand up for you.

Call to Action

If you or a loved one was injured by a defective product in Western New York — don’t wait. Contact Hardy Marble LLP today for a free consultation. We’ll review your case, explain your rights, and help you understand your options. Time matters — let us protect your future.