Defective Products and Product Liability Lawsuits

By John Devendorf, Esq. | Reviewed by Tim Kelly, J.D.

Last updated November 6, 2025

Every year in the U.S., defective or dangerous products cause injuries. Any type of product can be hazardous, from faulty airbags to contaminated medical devices and pharmaceuticals. Product liability laws protect consumers against injuries caused by product defects. Product manufacturers are liable for any medical expenses and damages in a product liability claim.

Product liability laws vary from state to state. If a defective consumer product injured you or a loved one, talk to an experienced product liability lawyer. They will review your case and help you file a wrongful death or personal injury lawsuit.

Types of Product Defects

There are different types of product defect claims. To recover compensation, you have to show the product was defective as sold. These tort claims generally fall into one of the following three main types of defects:

Manufacturing defects
Design defects
Marketing defects

A manufacturing defect means there was a problem during the manufacturing process. The design was safe, but the way it was put together created a danger. For example, using cheaper materials instead of those in the original design could be dangerous. Failing to follow proper sanitation measures could contaminate a medical product, causing serious harm.

A defective design means there was a problem with the original design of the product. This generally involves showing an alternative design that’s safer. For example, an airbag that fails to deploy on time in a car accident could show a problem with the product’s design.

A marketing defect is generally a failure to warn of a defect. Products may have an inherent danger based on their intended use or design. For example, a kitchen knife with a sharp blade has an inherent danger. But manufacturers may have a duty to warn consumers about unexpected dangers with an adequate warning label.

Examples of Product Liability Cases

You may not hear about just one incident involving a defective product. But some product liability claims cause thousands of serious injuries—even some deaths. Examples of some product liability cases include:

Asbestos exposure
Exploding rechargeable batteries
Automobile defects, like exploding airbags or faulty brakes
Defective prescription drugs and medical devices
Flammable kids’ clothing
Poorly designed furniture

The U.S. Consumer Product Safety Commission, a federal agency, issues and posts recalls for all types of consumer products on its website. The U.S. Food and Drug Administration (FDA) will issue recalls on food and prescription drug products.

Liability in a Defective Product Case

In most personal injury cases, the injury victim has to prove that the defendant negligently caused the injury. However, product liability claims apply strict liability. You don’t have to show that the manufacturer or distributor was negligent in strict product liability claims. You must prove that the product that caused your injury was defective when it came to market.

When a manufacturer puts a product out on the market, they make an implied warranty that the product is fit for ordinary use and purpose. If the manufacturer sells a dangerous product that causes serious injuries, there is a breach of warranty.

Several parties responsible for placing a defective product on the market could be responsible in a product liability case. This includes:

The manufacturer of the product
The manufacturer of a specific component of the product
Those who installed or assembled the product
The wholesaler of the product
The retailer that sold the product

You may not be sure who was responsible for your injuries. Multiple parties may share liability for causing them. Your lawyer can include multiple parties in a product liability suit, increasing the chances you can recover compensatory damages in a settlement or at trial.

Possible Defenses To Defective Product Claims

Product manufacturers and retailers use several common defenses in product liability lawsuits to avoid paying compensation. Defenses can vary by state law. The defense also depends on the type of product liability claim at issue.

One possibility is that the plaintiff modified the product in a way that made it unsafe. For example, if you disabled a guard on your lawnmower, the product may be more dangerous than when you bought it.

Defendants might also claim that the plaintiff used the product in an unreasonable or unforeseeable manner. For example, a swivel chair is to be sat upon. It may be unreasonable to stand on the chair to try and reach something high because it could be unstable. In both of these examples, if the instructions contained clear warnings about how to use the product and you ignored them, you would likely have a much weaker case.

Types of Damages Available in a Product Liability Case

Successful product liability claims result in compensation. Product liability claims have the following types of damages available:

Medical expenses
Compensation for past and present medical bills
Property damage
Pain and suffering
Punitive damages

The particular damages available vary by state law. An experienced product liability attorney can help you in your particular situation.

A Product Liability Lawyer Can Help

Defective product cases are often complex. They may require the use of engineering or design experts who can dispute the defense’s claims. A personal injury attorney experienced with product liability cases will review your case and identify your legal options.

Your lawyer will know how to build a strong case. They can handle the litigation process if it’s necessary to file a product liability lawsuit on your behalf. They can identify the possible defendants who are responsible for your claim.

A skilled product liability attorney can use their experience in settlement negotiations with the defense or to take your case to trial. Through the attorney-client relationship, your personal injury lawyer will assert your rights. Compensation could include money for your medical bills and other losses.

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