What To Do if a Product Causes a Fatality

A women upset looking at papers
|

Losing a loved one is devastating, and it can feel even worse when you realize a product you trusted may have played a role in their death. A space heater that caught fire, a car part that suddenly failed on the LIE, or a medical device that did not work the way it should can turn an ordinary day on Long Island into a tragedy. In the middle of shock and grief, it is hard to know whether this was a terrible accident or something that could have been prevented.

Many families in Nassau County and Suffolk County are told at first that they must have used the product incorrectly, that nothing could have been done, or that “these things just happen.” At the same time, they cannot shake the feeling that the product was unsafe or that the company cut corners. They start searching for answers and find confusing information about wrongful death, product liability, and deadlines, with very little that explains what to do right now.

The Law Office of Gregory A. Goodman, P.C., has spent more than two decades handling serious injury and wrongful death matters on Long Island, and we approach each case as if a jury will ultimately review every detail. We have seen how quickly manufacturers and insurers move to protect themselves after a fatal product incident, and how families can lose critical evidence without realizing it. In this guide, we share what we have learned about product liability wrongful death in New York and the concrete steps that protect your family’s rights from the beginning.

When a Product May Have Caused a Death on Long Island

Fatal product incidents rarely look like textbook legal examples. A defective lithium battery might start a fire in an apartment in Hempstead. A tire with a hidden flaw might blow out on the Southern State Parkway. A home elevator or power tool might malfunction during normal use in a house in Smithtown. In the moment, these events may be written off as accidents, but many turn out to involve an underlying defect in design, manufacturing, or warnings.

Families usually hear a simple explanation first. The company may suggest the product was misused or that your loved one ignored warnings. A landlord or retailer might say they have never had a complaint before. Hospitals and first responders focus on medical care, not on preserving evidence. This early narrative can make you doubt what you saw and felt, even when something clearly seemed wrong with the product.

Under New York law, including here on Long Island, a death linked to a defective or unreasonably dangerous product can support a product liability wrongful death claim. That claim is not about blaming anyone for using the product. It is about holding the companies that designed, built, and sold the product accountable if their choices put dangerous items into homes, cars, and workplaces. Our role starts with taking a careful look at what happened, the product itself, and whether what you were told lines up with the facts.

What Is a Product Liability Wrongful Death Case in New York?

A wrongful death case in New York is a civil claim that arises when a person dies because of another party’s wrongful conduct. That conduct can be negligence, recklessness, or in some situations, a defective product. The claim is usually brought by the personal representative of the estate, and any recovery is distributed under New York’s wrongful death rules to certain surviving family members. It is separate from any criminal charges that might also be involved.

Product liability focuses specifically on dangerous or defective products. Manufacturers, distributors, and sellers have a responsibility not to place unreasonably dangerous products into the marketplace. When a product fails under normal use, or when critical risks are not properly designed around or warned about, product liability law allows injured people, and in fatal cases their families, to pursue a civil claim. These cases are often complex because they combine technical product analysis with legal standards.

A product liability wrongful death case combines these concepts. The estate representative alleges that a defect in the product, or an inadequate warning, was a substantial factor in causing the death. In New York, there are specific timelines for bringing wrongful death and product liability claims. The exact deadlines depend on the facts, so we do not rely on one-size-fits-all rules. We encourage families to speak with a Long Island attorney promptly so we can evaluate the timing based on the specific incident and help make sure potential claims are not lost simply because too much time passed.

Common Types of Product Defects That Can Lead to Fatalities

Most people sense that something about the product was “wrong,” but they may not have language for the kind of defect involved. In product liability wrongful death cases, we usually analyze three broad categories of defects. Understanding these can help you see whether your situation might involve more than a simple accident.

A design defect exists when the product’s basic blueprint is unsafe, even if it is manufactured exactly as planned. For example, a piece of furniture that easily tips over onto a child, or a vehicle with a fuel system placed where it is vulnerable in foreseeable crashes, might have design defects. A medical device that has a known rate of catastrophic failure in normal use can fall into this category. In these cases, the question is whether a safer, practical design was available that the company chose not to use.

A manufacturing defect arises when something goes wrong in production, so the individual item, or a batch of items, departs from the intended design. This might be a cracked metal component that weakens a ladder, a contaminated batch of medication, or a wiring error in certain serial numbers of an appliance that later causes a fire. These cases often focus on quality control, production records, and whether the company had systems in place to catch errors before the products left the factory.

Failure to warn or inadequate warnings involve products that may be reasonably safe if users have full, clear information about risks and proper use, but the company does not provide that information. Examples include a powerful household chemical without adequate instructions, a medical device that does not warn of known complications, or a consumer product that omits important installation steps. Even when warnings exist, they can be legally insufficient if they are buried, unclear, or not updated as new danger information emerges.

In many real-world cases, more than one defect category is involved. Our approach is to examine the product and surrounding evidence carefully, and, when needed, work with appropriate technical consultants, while keeping overall strategy in-house. This level of detail matters, because the type of defect can affect which companies are liable and what proof is needed to show that the defect contributed to your loved one’s death.

Who Can Be Held Liable When a Dangerous Product Causes a Death?

Families often assume that only the company whose name is on the box can be sued. In New York product liability law, responsibility is usually broader. Several entities can share liability when a defective product causes a wrongful death, because multiple businesses had a role in getting that product from concept to your home or vehicle.

The product manufacturer is a central focus in most cases. This is the company that designed and assembled the product, set its specifications, and controlled many of the safety decisions. In some cases, separate component manufacturers may be involved too, for example a company that produced a faulty airbag, a battery pack, or a medical device part that failed. Their decisions on design and quality can have life-or-death consequences.

The distribution chain also matters. Distributors, wholesalers, and retailers that sold the product to Long Island consumers can sometimes be held liable for placing the defective product into the stream of commerce. That might include a national retailer with locations across Nassau County and Suffolk County, a local shop, or an online seller that shipped the product to your address. Identifying each link in the chain helps ensure that all potentially responsible parties are on the table.

Manufacturers and sellers often respond by blaming user error or pointing to a warning label as a shield. From our experience, those defenses are not the end of the story. A warning does not excuse an unreasonable design, and not every alleged “misuse” is outside what a company should have reasonably anticipated. Because we regularly face large corporations and their insurers, we are used to cutting through these arguments and focusing the case on what the company could have and should have done differently to help prevent the death.

Crucial Steps to Take Right Away After a Product-Related Fatality

The days and weeks after a sudden death are overwhelming, and most families focus, understandably, on funeral arrangements and immediate needs. At the same time, what happens in this period can make a major difference in a future product liability wrongful death case. Certain steps help protect your rights, even if you are not yet sure you want to pursue legal action.

First, preserve the product and everything that came with it:

  • Keep the product in the condition it was in after the incident, including all broken or burned pieces.
  • Save packaging, instruction manuals, warranty cards, and receipts or order confirmations.
  • Do not repair, modify, or attempt to test the product yourself, and do not throw it away.
  • Avoid sending it back to the manufacturer or retailer for “inspection” before speaking with a lawyer.

Second, document what you can:

  • Take photos and videos of the scene, the product, and any visible damage in the home, vehicle, or surrounding area.
  • Write down what you and any witnesses remember about how the product was used and what happened before, during, and after the incident.
  • Keep copies of medical records, the death certificate, and, if available, autopsy findings that relate to the cause of death.
  • Save emails, texts, or letters you receive from the manufacturer, retailer, landlord, or insurance companies.

Third, be cautious about what you say to companies and insurers:

  • Manufacturers and insurers may reach out quickly with questions that seem routine, but your answers can later be used to argue misuse or to downplay the defect.
  • Before giving detailed statements or signing anything, it is wise to talk with an attorney who can protect your interests.

We know this is a great deal to manage during a painful time. Our firm’s philosophy is to step in and take as much of this burden off the family as possible. Because we prepare each case as though it will ultimately be presented to a jury, we move early to secure evidence, analyze the product, and coordinate the investigative steps that many families simply do not have the capacity to handle alone.

How Product Liability Wrongful Death Cases Are Investigated and Built

Families often want to know what happens after they pick up the phone. A strong product liability wrongful death case does not rest on a single photo or one opinion. It comes from a careful, methodical investigation that connects the product, the defect, and the death in a way that can stand up in court on Long Island.

We start by listening. We review your account of what happened, the medical timeline, and any early reports. Then we secure the product and related items so they can be examined without risk of further damage or alteration. Depending on the product, we may arrange for analysis by appropriate specialists, such as engineers, safety consultants, or medical professionals, but we keep control of the legal strategy and case preparation within our office.

Next, we look outward at the product’s history. That can include checking recall databases, prior complaint reports, and litigation involving similar products. We may seek company documents in discovery that shed light on what the manufacturer knew about the risk, and when. Patterns of earlier incidents, internal testing, or ignored warnings from within the company can be powerful evidence that the fatality was not a one-off accident.

At the same time, we identify all potential defendants and insurance coverage, tracing the path from the original manufacturer through distributors and retailers to your household. We gather witness statements, additional records, and in some cases consult with accident reconstruction or fire origin professionals when vehicles or fires are involved. Throughout this process, we prepare the case as if it will go before a jury in a Nassau County or Suffolk County courtroom, even if settlement discussions are happening in the background. That trial-ready preparation often strengthens our position when negotiating with powerful corporations and insurers.

Compensation Available in a Long Island Product Liability Wrongful Death Case

Families rarely come to us focused on money. They want answers and accountability first. As the immediate shock eases, practical questions surface about lost income, medical bills, and how to provide for children or other dependents now that a key family member is gone. New York’s wrongful death laws define what categories of losses can be recovered in a civil claim.

In a product liability wrongful death case, recoverable damages typically include funeral and burial expenses, as well as medical expenses related to the final injury or illness caused by the defective product. There can also be compensation for the financial contributions the deceased would have provided to the family, such as wages, benefits, and services. These economic losses can be significant, especially when the person who died was a primary earner or caregiver.

New York’s approach to non-economic damages in wrongful death is different from some other states, and families are often surprised by those differences. Online summaries and calculators frequently oversimplify this area of law. The best way to understand potential recovery is through a case-specific evaluation that looks at income history, age, dependents, and the strength of the product liability evidence. We walk families through how damages are assessed and what factors may increase or limit recovery in their particular situation.

The number of liable companies and the quality of the evidence connecting the defect to the death can affect both the complexity and potential value of the case. Our goal is to present a clear, well-supported picture of what the family has lost financially, and why the law requires companies that created or sold a dangerous product to bear that cost instead of the grieving family.

Why Acting Quickly and Choosing a Detail-Oriented Long Island Lawyer Matters

Time affects more than just legal deadlines. Physical evidence can be lost or altered, digital surveillance can be overwritten, and corporate documents can change. The longer a company has to shape its own version of events, the harder it can become to challenge that story. Acting promptly gives your attorney a better chance to secure and preserve crucial evidence while memories and records are still fresh.

Choosing a lawyer who understands both product liability and wrongful death, and who works regularly in Long Island’s courts, also matters. Local knowledge helps us anticipate how Nassau County and Suffolk County judges and juries may view complex product issues, and what questions they are likely to ask. Because we prepare every case in-house and with trial in mind, we are able to build a consistent, detailed narrative from the beginning rather than piecing it together later.

We also believe families deserve direct access to the attorney handling their case. At The Law Office of Gregory A. Goodman, P.C., clients have ongoing communication with Gregory Goodman, not just staff or outside counsel. That means your questions about evidence, timelines, and strategy are answered by the person personally responsible for your case. Combined with our commitment to stand up to manufacturers and insurers, this gives families a clear partner in a process that might otherwise feel overwhelming.

Talk With a Long Island Product Liability Wrongful Death Lawyer About Your Options

No amount of money can replace a family member, and no legal case can erase what happened. What a product liability wrongful death claim can do is bring answers, accountability, and financial security at a time when you are facing some of the hardest decisions of your life. By understanding how these cases work in New York, preserving the product and other evidence, and acting before critical time is lost, you give yourself a real opportunity to hold negligent companies responsible.

If you believe a defective or dangerous product contributed to your loved one’s death on Long Island, we encourage you to reach out and talk through what happened. We can review the circumstances, explain how the law may apply, and outline the steps we would take to investigate and protect your family’s rights. There is no obligation to move forward, but you should not have to make these decisions in the dark or rely solely on the manufacturer’s version of events.

Call (800) 242-3740 to speak with The Law Office of Gregory A. Goodman, P.C. about a potential product liability wrongful death case on Long Island.

Share To: