Product Liability Attorney

When you buy a product, whether it’s a new toy for your child, a new car, or a bottle of medicine, you expect it to operate or function as it’s supposed to. After all, every product is supposed to go through a testing and approval product before it hits the market. Unfortunately, that isn’t always the case. 

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Thousands of people are injured every year by defective products. Though there are hundreds of recalls announced by the Food and Drug Administration, the Consumer Product Safety Commission and other agencies every year, dangerous products are still sold to average consumers. When these products cause injury, victims can take legal action.

The Long Island defective product attorneys at TonaLaw can help you if you have been injured in this manner. We are well-versed in state and federal law that governs consumer products, and we know how to hold manufacturers accountable. Call us today at 1-833-TONALAW, or contact us online for a free, no-obligation consultation.

How to Prove Your Defective Product Case

There are quite a few different methods your attorney may use to prove a manufacturer or other party was responsible for your injuries. No matter the method, your case will likely be based on one of four different elements:

  • A design defect that made the product unreasonably dangerous for you to use
  • A manufacturing defect or an error made when the product was actually being made that makes it dangerous to use
  • Failure to warn users about a dangerous product, such as a small-parts warning on a toy or side effects listed on a medicine bottle
  • Marketing misrepresentation, meaning the seller didn’t disclose how the product should actually be used or provided inadequate instructions or warnings

Once your lawyer decides why the manufacturer or other parties should be held accountable for your actions based on the options above (as well as others), they will decide how to proceed with your case. New York law allows product liability cases to be based on the theories of negligence, breach of warranty, tortious misrepresentation, or strict liability.


In these cases, your lawyer would claim that the manufacturer didn’t take proper care in designing or creating the product, or failed to provide proper warning about the dangers. Negligence can be hard to prove in these sorts of cases, which is why not many defective lawsuits are based on this theory.

Breach of Warranty

A warranty can be express, meaning it is written out or otherwise made clear, or it can be implied, which means that the product should work as advertised. If the manufacturer breaches this warranty, and the product causes injury, the manufacturer and other parties can be held liable.

Tortious Misrepresentation

Tortious misrepresentation cases are based on false or misleading information given by the product manufacturer. It may include the manufacturer intentionally misrepresenting the product; negligently misrepresenting the product by making statements they aren’t certain are true; or innocent misrepresentation, such as making a public statement about a product being safe when they didn’t know that it actually wasn’t safe. 

Strict Liability

Strict liability is the most common theory used in defective product cases. You don’t need to prove that the manufacturer or seller acted negligently or breached the product’s warranty. In fact, you don’t have to prove the manufacturer was at fault at all. Rather, you simply need to prove that the product was defective and dangerous when it was sold to you. You don’t have to show that the manufacturer or seller even knew the product was dangerous. 

What Evidence Do I Need for My Defective Product Case?

If possible, be sure to keep the packaging the product came in. This can be especially helpful in cases of failure to warn, marketing misrepresentation, or tortious misrepresentation. If you don’t have the packaging, at least keep the defective product so your lawyer can use it as evidence. 

In addition, you should keep all medical bills, receipts and other documents that directly relate to the money you lost or had to spend on your injury. Keep your medical records as well to demonstrate the extent of your injuries. If possible, take pictures of the injury for future use. All of this evidence will help your Long Island defective product lawyer build a strong case on your behalf. 

Who We Serve

TonaLaw represents injury victims in Long Island, New York City and the State of New York. We have over 30 years of combined experience helping victims injured by defective products get the compensation they deserve. 

We have a strong understanding of local, state and federal laws regarding defective products. That means we know how to take on the manufacturers and their lawyers to get fair compensation for you. Our Long Island defective product lawyers are supported by paralegals and other professionals to make sure your case always gets the full attention it deserves.

Speak to a Long Island Defective Product Attorney Today

Whether you suffered undisclosed side effects of a medicine or medical device, were in a wreck caused by a defective part of your car, your child was injured by a toy, or you or your loved ones were otherwise injured by a defective product, the team at TonaLaw is here for you. We will use our extensive legal experience both in and out of the courtroom to get the compensation you deserve. 

TonaLaw is a no-fee law firm – We get paid when we win your case!

Don’t wait. Call us today at (631) 780-5355 or toll-free at 1-833-TONALAW for a free, no-obligation consultation with a Long Island defective product lawyer. You can also contact us online to schedule your free case evaluation. 

What Our Clients Are Saying

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Amber PalermoAmber Palermo
17:50 23 Dec 22
The professionalism and expertise of the TonaLaw team is unmatched. I’ve worked with Juliet and she was incredibly knowledgeable, friendly and I could tell that she cared about helping me. If you’re looking for a legal team that helps with you any problem, big or small, TonaLaw is a team you can trust.
Regan moriartyRegan moriarty
16:49 23 Dec 22
The TonaLaw team is full of wonderful and hardworking people. I have personally worked with Juliet and she is excellent. You can tell she truly cares about the work she is doing. Highly recommend.
Elizabeth MartinezElizabeth Martinez
15:42 16 Dec 22
I can not be thankful enough for the amazing experience Tonalaw has given me from the very beginning. If you are looking for a lawyer who truly cares about your case then TonaLaw is for you. The amount of time and dedication they put in a case really shows how above and beyond they go. Not to mention how sweet everyone is really makes it a pleasure to work with TonaLaw.
Beatrice CestaroBeatrice Cestaro
22:06 14 Dec 22
I am extremely satisfied and happy to have chosen Tonal Law . The whole experience was flawless And I had absolutely no issues throughout the entire process. Everyone was so helpful and on time with everything, answered any questions I had, and we’re always easily available if I had any concerns. I basically did not have to lift a finger or do absolutely anything at all but answer a few questions. I put my full trust into Tona Law and I’m happy I did so. Would for sure recommend to any of my family and friends.
Anita AbramsAnita Abrams
21:14 05 Dec 22
Tona Law was an absolute pleasure to work with. As a local ART and Custom Framing resource, we helped to enhance their new offices, with beautiful and sophisticated, well curated artwork. Tom and his team were closely involved in all of the selections, and the environment is warm and friendly, as a result. Everyone at Tona Law, is considerate and professional.
Dawn DemartinoDawn Demartino
16:25 11 May 22
From start to finish I was informed every step of the way of the status and updates of my case… the time and steps taken to resolve my case in the best possible outcome was just one of the many great things Tonalaw provided. Personal care and commitment is top notch. Thank you !!
Louis B.Louis B.
15:27 08 Apr 22
Over the last few years Tona Law has guided me through the process with clear communication throughout. They are truly a client advocate and will do everything in the best interest of the client. Cannot thank them enough for all their work done for me.
Richard WoolleyRichard Woolley
19:49 26 Mar 22
Tom Tona and his team are fantastic. They do a great job for their clients. Can't recommend them highly enough.
Stacy LofredoStacy Lofredo
23:41 24 Mar 22
Tona Law has simplified no fault medical billing in a way that allows staff to effortlessly navigate through what could be a confusing process. Their staff is knowledgeable and responsive that we never have to worry about the ever-changing regulations because they are on top of keeping up to date with any changes in keeping their clients informed which is priceless!
Ruben ReyesRuben Reyes
15:29 13 Aug 21
They responded right away and were very professional. Brittany Reyes was very helpful. Thank you for your help
Randy RodriguezRandy Rodriguez
03:24 09 Aug 21
Would highly recommend if anyone is seeking any legal advice!