Product Liability: FAQ

Product liability lawsuits provide compensation for injuries caused by defective products. Companies are liable for defective designs, manufacturing, and lack of warnings. If you are injured by a defective product, you can file a product liability claim against the companies that made or sold the dangerous product.

This article answers frequently asked questions (FAQs) about product liability cases. Each case is different. For targeted legal advice, talk to a local product liability lawyer about your claim.

What Is Product Liability?

A product liability lawsuit is a personal injury claim for injuries caused by defective products. Product manufacturers are liable for injuries caused by defective consumer products. For example, if you buy a rechargeable e-scooter and it suddenly catches fire, the manufacturer is liable for your injuries caused by the defective product.

There are three primary types of product liability defects:

• Design defects
• Manufacturing defects
• Failure to warn defects

A design defect involves a product with an inherently dangerous design. Companies are responsible for making sure their designs are safe for regular use.

A manufacturing defect involves problems during the manufacturing process. Manufacturing defects include using substandard materials or not having quality control to make sure products are safe.

Companies have to warn consumers about unexpected risks of using the product. If they don’t warn consumers about the risks, the company is liable for warning or marketing defects.

What Is Strict Liability?

Strict liability is a legal term, meaning a party is liable whether or not they were negligent. In most personal injury cases, you have to show the defendant negligently caused your injuries. However, there are some types of legal claims based on strict liability. Product liability claims have a strict liability standard.

If a consumer buys a product off the shelf, they have no idea how it was designed or manufactured. Consumers don’t know about the hidden dangers of using the product as intended. If the dangerous product causes an injury, the burden should not be on the consumer to show who was responsible.

Manufacturers, distributors, and retailers can be held strictly liable for their role in selling a dangerous product, depending on jurisdiction and specific case circumstances. The consumer has to show that the product was defective when they bought it. The defect caused their injuries when they used it as intended.

What Are Examples of Product Defect Accidents?

Product defect accidents can involve many types of products. Some of the main categories of product defects include food, automobiles, and consumer products. Examples of faulty product accidents include:

• Defective airbags suddenly deploy, causing injury
• Car accidents caused by faulty accelerators or floor mats
• Salmonella contamination in cucumbers
• Lead exposure in baby food
• Rechargeable battery fires
• Children’s clothing not meeting flammability standards
• Children’s toys with choking hazards

Who Regulates Dangerous Product Recalls?

There are different federal regulatory agencies that investigate unsafe product claims. Some of the main government agencies handling dangerous product recalls include:

• U.S. Food and Drug Administration (FDA)
• Consumer Product Safety Commission (CPSC)
• National Highway Traffic Safety Administration (NHTSA)

You can search for product recalls from these agency websites. They also have ways to report dangerous product accidents. These agencies investigate safety complaints to determine whether the product needs a recall.

Do I Have a Product Liability Case?

If you were injured by a defective product, you may have a product liability case. In most states, you have the burden of showing that the product is defective. However, not all product injuries qualify for product liability damages. To win your product liability case, you have to prove:

• The product was defective when you bought it
• The product defect caused your injuries
• You were using the product as intended

Proving a product is defective can be complex. You may need product and manufacturing experts to explain the product defects to a jury. They can explain manufacturing standards and how the manufacturer failed to follow those standards. A product liability lawyer can review your accident and help you determine if you have a product liability case.

Who Is Liable for a Defective Product?

Anyone involved in the chain of distribution is liable for defective products. As the consumer, you have no way of knowing when the product becomes defective. With product liability claims, you don’t have to prove negligence, but you must show that the product was defective and caused your injury. Anyone between the product design and selling it to the consumer is liable. You can file your lawsuit against the manufacturer, wholesaler, distributor, or seller.

What Is a Class Action Product Liability Case?

A class-action lawsuit combines multiple individual claims into a group of plaintiffs. Class action is helpful when individuals have small claims. Individually, it may not be worth it to take on the company for small compensation. Combining multiple small claims gives more power to the consumer.

There are pros and cons of joining a class-action product liability case. If you have serious injuries, you may want to keep your claim separate to make sure you get your compensation. Talk to a product liability attorney for legal advice about class actions.

Are Drug Companies Liable for Defective Drug Injuries?

Product liability claims include defective drug injuries. Pharmaceutical medications and medical devices can have design, manufacturing, and warning defects. For example, an injectable medication is defective because a lack of sterilization procedures contaminated the drug with bacteria. Drug manufacturers are liable for injuries caused by defective drugs.

What Compensation Can I Get in a Product Liability Case?

A personal injury lawsuit is a way for you to get compensation for your injuries. Compensatory damages put you in a similar position as if the accident had not occurred. Compensation can include the following economic and non-economic damages:

• Medical bills
• Lost income
• Future medical expenses
• Property damage
• Emotional distress
• Pain and suffering

In some product liability claims, you can also get punitive damages. Punitive damages are generally for very bad conduct or intentional actions. For example, punitive damages may be available for a company that intentionally hid known safety risks and put people in harm’s way.

Can I Get a Product Liability Settlement Offer?

Most personal injury lawsuits settle before they go to trial. Settlements can be the best option for you and your loved ones. A settlement avoids the cost, stress, and time of going to trial. Juries are also unpredictable. Even if you have a strong case, a jury could award less than you deserve. A settlement is a guaranteed amount. Talk to a product liability lawyer about the settlement negotiation process.

Do I Need a Lawyer for a Product Liability Case?

You don’t need a lawyer to file a product liability lawsuit. However, having an experienced lawyer can improve your chances of getting compensation. Product liability claims can involve complex questions of industrial design and manufacturing standards. An attorney can work with engineering experts to explain how the defective product caused your injuries.

There are strict legal rules and regulations you must follow to pursue legal action. For example, the statute of limitations puts a time limit on how long you have to file a lawsuit. The statute of limitations is different in every state. An experienced personal injury lawyer will make sure you file your case in time to get damages.

Most product liability lawyers offer a free case evaluation and explain your legal options. These attorneys generally operate under a contingency fee agreement, so you won’t have to pay anything unless they win your case. To understand how a lawyer can help with your case, talk to a product liability attorney.