Complete Guide to Product Liability Claims
When defective products cause injuries, victims may have claims against manufacturers, distributors, and retailers. Product liability law holds these parties responsible for putting dangerous products into the marketplace. This guide explains how product liability claims work.
What Is Product Liability?
Product liability is the area of law that holds manufacturers, distributors, suppliers, and retailers responsible for injuries caused by defective products. Unlike most personal injury claims, product liability often involves strict liability, meaning you don’t have to prove negligence.
Types of Product Defects
Design Defects
The product’s design is inherently dangerous, making every product of that design defective. Examples include vehicles prone to rollover or toys with choking hazards.
Manufacturing Defects
An error during production makes a specific product dangerous while others of the same design are safe. Examples include contaminated food or improperly assembled equipment.
Marketing Defects (Failure to Warn)
Inadequate instructions or warnings about proper use and potential dangers. Examples include medications without proper side effect warnings or power tools without safety instructions.
Common Defective Products
- Vehicles: Defective brakes, airbags, tires, fuel systems
- Medical Devices: Hip implants, pacemakers, surgical mesh
- Pharmaceuticals: Dangerous drugs with undisclosed side effects
- Consumer Electronics: Exploding batteries, electrical fires
- Children’s Products: Toys with choking hazards, unsafe cribs
- Household Appliances: Defective heaters, faulty wiring
- Industrial Equipment: Machinery without proper guards
- Food Products: Contaminated or mislabeled food
Legal Theories in Product Liability
- Strict Liability: Manufacturer is liable regardless of fault if product was defective
- Negligence: Manufacturer failed to use reasonable care in design or production
- Breach of Warranty: Product failed to meet express or implied promises
Who Can Be Held Liable?
- Product manufacturers
- Component part manufacturers
- Wholesalers and distributors
- Retail stores
- Used product sellers (in some cases)
Average Product Liability Settlements
- Minor injuries: $50,000 – $200,000
- Moderate injuries: $200,000 – $500,000
- Severe injuries: $500,000 – $2,000,000
- Catastrophic/wrongful death: $2,000,000 – $50,000,000+
Mass Tort and Class Action Lawsuits
When defective products injure many people, cases may be consolidated:
- Class Actions: One lawsuit represents all injured parties
- Multidistrict Litigation (MDL): Individual cases consolidated for pretrial proceedings
- Mass Torts: Many individual lawsuits handled together
What to Do If Injured by a Defective Product
- Seek immediate medical attention
- Preserve the defective product and packaging
- Document the product with photos and serial numbers
- Keep all receipts and proof of purchase
- Don’t repair or alter the product
- Report the defect to the manufacturer and CPSC
- Consult a product liability attorney