Software Lawsuit: Can You Sue 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. Whether software qualifies as a “product” for strict liability purposes is a genuinely unsettled and rapidly evolving area of law. Courts have traditionally been reluctant to extend strict liability to software, but that's beginning to shift — New York courts have recently allowed product liability and negligence claims against software and platform companies to proceed past early motions to dismiss, particularly where the software's design (not just its content or output) is alleged to have caused harm. Negligence theories remain the more established path regardless of how the strict liability question develops.

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.

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.

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.