Strict product liability in New York

Elements

1. 1

   Defendant in the chain

   The defendant designed, manufactured, or sold the product in the stream of commerce.

2. 2

   Defect

   The product was defective in design, manufacture, or warning when it left the defendant’s control.

3. 3

   Causation

   The defect caused the plaintiff’s injury while the product was used in a reasonably foreseeable way.

4. 4

   Damages

   Physical harm or, in some jurisdictions, specified economic loss.

Burden of proof

Preponderance of the evidence. The plaintiff generally does not have to prove negligence, but must prove a defect.

A New York fact pattern

A Bronx apartment-building boiler valve fails. New York recognizes manufacturing, design, and failure-to-warn theories. The seller in the distribution chain can be in the case.