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How to Win a Defective Product Lawsuit

Name: Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. Injury & Family Law
Rating: 5.0 (71 reviews)

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 15, 2026

Read Time: 4 mins

Every day, consumers purchase products with the assumption that they will be reasonably safe for use as intended. Whether it’s a toy for a child, a part for a vehicle, or a household appliance, the safety of products is taken for granted. And indeed, manufacturers owe a duty of care to consumers to take reasonable steps to ensure the safety of their products. Yet, all too often, consumers suffer serious injuries or illnesses as a result of products that are defective in design or manufacture.

If you or a loved one has been injured by an allegedly defective product, you have the right to pursue legal recourse. The product liability lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. are committed to providing vigorous legal representation on behalf of injured individuals throughout New York and New Jersey. There are a number of effective strategies that can improve the chances of a successful resolution to your defective product lawsuit.

Proving the elements of a defective product lawsuit

When reviewing your case, the lawyer will look for the elements of a successful defective product lawsuit. These elements are as follows:

The product is defective
You used the product as intended
You were injured or suffered losses
The defective nature of the product caused your injury

All of these elements must be present to win a lawsuit. The use of the product as intended by the manufacturer is particularly crucial because a manufacturer could claim that the product is reasonably safe when used as intended. For example, if you drive a motorcycle onto a trampoline and sustain injuries, the manufacturer would claim that you used the product in an unsafe manner and that this unusual use led to your injuries, rather than any product defect.

Proving the product is defective

It’s also essential to prove that the product is defective. A product may be defective in design or manufacture—or both. A product has a manufacturing defect if a problem occurred while the product was being manufactured. For example, if a medication is contaminated with a dangerous carcinogen while it’s being made, that medication could be defective in manufacture.

The other type of defect is a defect in design. This means that the product is alleged to be inherently flawed as designed. For instance, if the medication was designed to have dangerously high levels of a toxic substance, it could be said to be defective in design.

It’s common for manufacturers to include warning labels on products. For instance, a toy’s package might warn parents that the product could cause eye injuries if thrown at someone. To win a defective product lawsuit, a lawyer may need to demonstrate that the necessary warnings were either missing or inadequate.

Proving your damages

The lawyer will also need to prove that the defect in design or manufacture directly caused your damages (injuries or losses). This is often done through medical records, which can also prove the third element—that you were indeed injured or suffered losses.

To improve your chances of securing maximum compensation, it’s important to seek medical care immediately after the incident. Let the doctor know how you sustained your injuries. This will help establish a paper trail. Be sure to retain all pertinent paperwork, including receipts for your hospital costs and medication co-pays. This documentation will help your lawyer prove your damages.

You should also keep careful track of the expenses related to property damage. Not every defective product lawsuit will claim property damage. However, some may. For instance, if you were in a car accident and you’re suing the car manufacturer, you’ll need to keep documentation of the car repairs.

Schedule a consultation in New York or New Jersey today

Since 1975, the New Jersey and New York product liability lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. have delivered the aggressive representation you would expect from a large firm, coupled with the personalized touch of a boutique firm. It’s our mission to help you secure maximum compensation so you can focus on recovering from your injuries and taking care of your family. Contact our New York and New Jersey product liability lawyers today to request a free initial case review. We’ll discuss your situation in-depth and explore all possible options for legal recourse.

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   LWelsh 
 8 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 29 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 93 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 96 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 102 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 108 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 131 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 151 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 154 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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How to Win a Defective Product Lawsuit

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