Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue a software company for injuries caused by a defective product in New York?
Yes. Under New York product liability law, you can sue a software developer, publisher, or distributor if a defective or unreasonably dangerous software product caused you harm. Courts apply strict liability and negligence theories to software when it controls physical systems—such as medical devices, vehicles, or industrial equipment—that cause bodily injury.
What types of damages can I recover in a New York software lawsuit?
New York personal injury plaintiffs can seek compensatory damages including medical expenses, lost wages, and pain and suffering. If the software company acted recklessly or with gross negligence, punitive damages may also be available. No recovery is guaranteed and amounts depend on the specific facts of your case.
How long do I have to file a software lawsuit in New York?
The standard statute of limitations for personal injury claims in New York is three years from the date of injury under CPLR §214. Claims against a government entity may have a much shorter notice period—sometimes as little as 90 days. Consulting an attorney immediately after an injury preserves your right to sue.
What should I do if I was harmed by defective software in New York?
Document everything: preserve screenshots, error logs, device records, and any communications with the software vendor. Seek medical attention and keep all records of treatment and expenses. Then consult a New York personal injury attorney as soon as possible—evidence can disappear quickly and deadlines are strict.