Product defects injure many Americans yearly, with 6,000 injuries/illnesses and 23 deaths reported in 2021. In that same year, defective products resulted in more than 219 recalls. When someone suffers an injury or loss due to a defective product, the next step is usually to file a product liability lawsuit.

At first glance, the process may seem simple. However, requirements for pursuing product liability claims can vary by state. This guide breaks down what product liability is and isn’t and the steps to take when filing a lawsuit.

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Understanding Liability for a Defective Product

The liability for a defective product typically falls on all parties connected to the issue along the chain of manufacture and sale, including

  • Designers of the product
  • Manufacturers of parts for the item
  • Assembly plants where the product gets put together
  • Distributors who sell the items to noncompeting end users
  • Retailers that carry the product in their stores.

The level of culpability increases if a business knew the product caused harm when used as directed and released it anyway. A common example of this would be lawsuits aimed at drug companies where patients are harmed by side effects about which they weren’t adequately warned, even though the company was already well aware.

The types of evidence necessary to successfully file a liability claim depends on the type of defect and where in the chain of manufacturing it occurs. For this reason, it is best to understand the more common types of defects leading to liability.

Common Defects Leading to Liability

Product liability is often brought on by one of three common defects: design, manufacturing or marketing.

Design Defects

A design defect happens when there is a fundamental flaw in how a product was created, which meant it was always going to be harmful to the customer. For instance, a company that sells toys releases a product with a sharp edge that could cut a child. This problem existed in the design and was never caught or corrected, leading to multiple injuries.

If someone believes a product harmed them due to a design defect, they must be able to demonstrate not only that the flaw exists, but that the company could have avoided harm with a safer alternative of equal economic value that achieved the product’s primary objective.

Manufacturing Defects

Manufacturing defects happen during the construction phase of product creation. A victim can claim product liability if they show the item was dangerous due to a manufacturing error. Using the previous example, a toy has a manufacturing defect if the manufacturing phase resulted in sharp edges that caused injuries.

A manufacturing defect can be proven if the item differs from the manufacturer’s intended design or differs from the units found within the same production line.

Marketing Defects

Marketing defects, sometimes known as a “failure to warn” or “warning defect,” happens when a company begins promoting a product but fails to provide consumers with accurate warnings regarding potential harm. For example, a company markets a drug but fails to warn it may cause strokes.

The manufacturer or seller could still be culpable in a product liability lawsuit for their warning label, if:

  • It is poorly placed, and the consumer is unlikely to find and read it.
  • The warning doesn’t use layman’s terms, making it hard to understand.
  • The text is very small and difficult to read,

Three Paths to a Product Liability Claim

Depending on the state where the product liability claim is made, a plaintiff will likely have to prove one of the following elements to successfully move forward with their case.

Negligence

In this context, negligence refers to the careless or reckless actions of a product developer, manufacturer, distributor or seller that causes harm. Most of these cases fall under negligence per se (where negligence exists simply if the defendant broke a law causing injury), a plaintiff can successfully file a product liability lawsuit or claim if they can prove

  • The defendant violated a law
  • The law was designed to protect a certain class of people and the plaintiff is in that class
  • The plaintiff was injured

If a plaintiff, for example, is suing for negligence as it relates to a faulty car airbag that caused serious physical harm, they would need to prove

  1. The airbag manufacturer and car company, as defendants in the case, violated a state law or county or regarding a specific safety standard.
  2. They as a consumer were part of a class of people the law was meant to protect.
  3. That the careless actions of the defendant not only caused harm but also did so in violation of the laws.

In certain circumstances, if a plaintiff’s negligent behavior caused or significantly contributed to their own injury, they may not be able to recover damages, or the amount they receive is significantly reduced.

Strict Liability

Strict liability finds that defendants responsible for the design, manufacture, marketing or sale of a product are liable when it causes injury to a plaintiff. The statutes are cut and dry; as long as the plaintiff can prove they were harmed by the product, it doesn’t matter whether the defendant acted intentionally or negligently.

A company could provide warnings about potential dangers, but if the warning was hard to find or understand, and they were harmed, a court could find the company liable according to the state’s strict liability laws.

The nature of strict liability is controversial, some legal scholars argue against the concept of the court failing to take into account the defendant’s intentions.

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Breach of Warranty Fitness

A breach of warranty fitness occurs when the product fails to work as guaranteed by its warranty; this could also be considered a breach of contract. The three types of warranties this type of breach may fall under are express, implied warranty of merchantability and implied warranty of fitness.

Express Warranty

Express warranties are specific guarantees a seller makes about a product. This could be in writing or verbal. Some examples of express warranty

  • A commercial explaining how the product works
  • The seller’s verbal guarantees
  • In-store advertising
  • Paperwork accompanying the product

Implied Warranty of Merchantability

This type of unwritten warranty implies a product is free of defects related to its design, manufacturing or labeling. The implication is that the product offered is fit to carry out the purpose for which it is sold. If the product causes harm or loss, a plaintiff can not only file a product liability lawsuit specific to the defect, but also for violating the implied warranty of merchantability.

Implied Warranty of Fitness

An implied warranty of fitness exists when the seller is aware that a consumer is buying their product for a specific purpose and trusting the seller’s word that the product can fulfill that purpose, however, the product is not appropriate for whatever the desired purpose is. A company might decide to sell a mood disorder pill as a weight loss supplement because some patients experienced weight loss as a side effect.

The company in this example would be on the hook for violating the implied warranty of fitness because they are selling an item for a reason other than what it was created for, opening consumers up to risks for which they’re not prepared.


Filing a Product Liability Claim

If you suffer a loss or injury due to a product, there are steps you should take to recover damages from those responsible.

Get Medical Attention

The first step to making a claim begins with seeking medical treatment for the injury you sustained from the product. Explain during treatment what occurred so that the medical professional can help determine the cause and potentially verify that the injury was caused by the product. Establishing that you had to seek medical treatment strengthens your liability lawsuit or claim.

Contact a Personal Injury Lawyer

While it is possible to pursue a lawsuit on your own, it is better to get legal advice and representation from an experienced and knowledgeable personal injury attorney who understands the law and can create the best case possible, so you can recover the damages you are entitled to.

Check the Statute of Limitations

Find out exactly how much time you have available to take legal action. If you wait too long to file a claim, you might pass the statute of limitations, a law that determines how much time you have to file your case. If the company has already agreed to a settlement for victims of injuries similar to yours, you may need to respond by a specific date to make a claim.

Gather Evidence and Witnesses

In addition to any medical documents related to your injury, you should also have photographs or videos or the names of witnesses present when the harm occurred. Do not throw away the product or alter it in any way, as it is also a crucial piece of evidence. You will need to prove that you followed the directions and that your injury was caused by a defect in the product and not negligence on your own part.


Product Liability Lawsuit Examples

Here are some examples of product liability lawsuits:

  • Zantac Lawsuit. Zantac, a popular acid reflux drug, was pulled from shelves by the manufacturer when it was linked to cancer. State lawsuits as well as multi-district federal cases were filed (the MDL has been dismissed but will likely be appealed), as plaintiffs seek to recover for their damages. Learn more.
  • 3M Earplug Lawsuit. 3M manufactured earplugs for the military to protect service member’s ears during training and combat. Users of the product allege it did not work as intended and led to hearing loss and hearing damage for many service members. The cases were consolidated into an MDL which is still ongoing. Learn more.
  • Roundup Lawsuit. Roundup weedkiller uses glyphosate as its active ingredient to kill weeds. Thousands of cases have been filed alleging the chemical also caused various types of cancer. Eleven billion dollars in settlements have been paid out by Monsanto, Roundup’s manufacturer, with tens of thousands of cases still pending. Learn more.
  • Hernia Mesh Lawsuit. Some patients who underwent hernia surgery believe that the mesh that was implanted during the procedure has led to medical problems such as infection, adhesions, intestinal obstruction, the need for further surgeries and other problems. Four different manufacturers are defendants and are involved in a variety of lawsuits and MDLs which are all ongoing. Learn more.
  • CPAP Lawsuit. CPAP machines, used for sleep apnea, were recalled by manufacturer Phillips NV due to breakdown of foam in the product which can be inhaled by the user. Thousands of users claim injuries such as cancer, pneumonia, asthma and more. The cases have been consolidated into an MDL which is ongoing. Learn more.
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Additional Resources

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Frequently Asked Questions (FAQs)

What is product liability?

Product liability refers to responsibility for harm or loss due to a product’s defectiveness; the defect may be blamed on the way it was designed, manufactured, or marketed.

How do you file a product liability lawsuit?

After determining you experienced injury due to a product, contact a personal injury lawyer for legal advice and to determine who is liable. Your attorney may recommend you file a product liability lawsuit based on whatever design, manufacturing, or marketing defect is to blame. Additionally, you could claim the defendant is in breach of warranty.

What do I need to do to prove a product caused my injury?

To prove a product caused your injury, you must be able to demonstrate the product caused you harm.

Do I need a lawyer to file a product liability claim?

While you do not need a lawyer to file a product liability claim, it is always a good idea to seek reliable legal advice from an experienced attorney knowledgeable in personal injury laws.