How Product Liability Lawyers Handle Defective Product Claims

In the U.S., when a consumer buys a product and uses it for its intended purpose, it should be safe. Injured consumers can hold product manufacturers accountable if their products cause serious injuries.

Product liability refers to holding a responsible party liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury can lie with any number of parties. Potentially liable parties can include any party in the product’s chain of distribution, such as:

• The product manufacturer
• A manufacturer of component parts
• A party that assembles or installs the product
• The wholesaler
• The retail store that sold the product to the consumer

Types of Product Defects

Given the number of products on the market, there are several types of product liability cases. Defective product injuries result from a range of products. Examples of items covered by product liability law include:

• Medications and pharmaceutical drugs
• Medical devices (everything from surgical gloves to artificial limbs)
• Automobiles (including component parts such as airbags involved in a car accident)
• Food
• Furniture
• Home appliances and other consumer products
• Toys
• Tobacco, guns, and other inherently dangerous products

Product liability lawsuits can be complicated and lengthy. This is why it’s best to get help from a product liability lawyer if you or a family member sustained a personal injury due to a defective product.

Product Liability Lawsuits

Some personal injury lawyers specialize in product liability cases. They may focus on filing lawsuits involving a particular type of product. Like other accident and injury attorneys, product liability lawyers generally fall into two types: plaintiffs’ attorneys and defense attorneys.

Plaintiffs’ attorneys usually practice in small law firms and are paid through contingency fees. With a contingency agreement, the injured victim does not pay anything upfront, and the lawyer takes a percentage of any damages award or settlement.

Many product liability attorneys work for larger firms that have the resources to identify multiple injured consumers who were harmed by the same product. These attorneys can also bring class-action lawsuits for all injured consumers.

Plaintiffs’ attorneys face challenges due to the rise of state-specific tort reform laws. These laws seek to limit the number and type of lawsuits brought against companies that produce defective products.

Defense attorneys often collect an hourly fee and typically work as employees for the companies involved in designing, manufacturing, and selling products in the U.S.

Types of Product Liability Lawsuits

A person injured by a defective or dangerous product may be able to bring an action for product liability and recover damages under one of the following theories:

• Strict product liability
• Negligence
• Breach of warranty

Specific rules govern a manufacturer’s disclaimer of any warranties implied under state law. Specific, conspicuous language is required. If the manufacturer successfully disclaimed all implied warranties, you cannot recover for a breach of such warranties. However, an attorney can review the information and evaluate the implications of the language used.

Time Limits for Filing Product Liability Lawsuits

A plaintiff must file a product liability lawsuit within the time designated by each state, or the statute of limitations. In most states, the statute of limitations begins when the injured plaintiff discovered or should have discovered their injury. This is known as the discovery rule.

Damages Available in Product Liability Lawsuits

If you or a loved one sustains an injury due to a defective product, you may be entitled to receive fair compensation for damages caused by the product. 

The term “damages” in personal injury law refers to a plaintiff’s compensation. The damages awarded either compensate for losses stemming from damages or punish the defendant for wrongdoing (punitive damages).

No amount of money can compensate an injured party for what they have experienced. But different types of damages are available from a lawsuit or a settlement. A product liability lawsuit puts a dollar value on losses to compensate an injured party.

There are two categories of compensatory damages: economic and noneconomic losses.

Economic Losses

Economic losses refer to the money or property the plaintiff lost due to the injury or illness. These damages can include:

• Medical expenses
• Cost of disability
• Loss of wages
• Property damage

Economic losses usually represent out-of-pocket expenses caused by the defective product.

Noneconomic Losses

Noneconomic losses for personal injury cases are more difficult to quantify. They are sometimes called “general damages” or “nonmonetary losses.” Common noneconomic damages include:

• Pain and suffering
• Loss of consortium
• Disfigurement
• Emotional distress

Punitive Damages

Compensatory damages seek to make a plaintiff whole. But punitive damages punish a wrongdoer for particularly egregious or outrageous conduct. Punitive damages are unusual. A court reserves a punitive damage award for only the most serious cases. Cases warranting punitive damages are often high-profile cases.

A personal injury attorney can explain the particular compensation available in your case. Your legal team can assist with any injury or a loved one’s wrongful death resulting from a defective product.

Product Liability Terms To Know

The following terms are often used when discussing product liability law.

• Warranty is the inherent promise that comes with a product, ensuring the product is fit for its intended use.
• Negligence is the legal doctrine providing that a manufacturer may be liable for a defective product if they could have foreseen that a product defect would cause injury but did not act reasonably to prevent it.
• Strict liability is the legal doctrine providing that a manufacturer may be liable for a defective product when that product injures a consumer, even if they weren’t negligent or intend to cause harm.
• Design defects involve claims that the product design is defective. There is a foreseeable risk of injury when the product was manufactured as intended and used for its intended purposes, but contained a design defect.
• Manufacturing defects involve product defects where the product is improperly manufactured and departs from its intended design.

Related Practice Areas

• Accidents and Injuries: Product liability is a subset of accidents and injuries law.
• Litigation: Many product liability claims end up in the courtroom.
• Consumer Protection: Products with defects that cause injuries often violate consumer protection laws.
• Medical Malpractice: If a doctor prescribes unsafe medications or uses a defective medical device, the injured party may sue the medical provider in a medical malpractice suit.
• Trademark Law: Many dangerous consumer products sold as knockoffs violate trademark laws.

Get Legal Advice From a Product Defect Injury Lawyer

You may have a product liability claim if a defective product injures you. You may be able to hold a manufacturer, distributor, or vendor accountable for your injuries. A personal injury lawsuit can help you recover damages for medical bills, lost wages, and pain and suffering.

There is much at stake in product liability cases. Defendants will fight these cases with a wealth of resources and fierce legal teams. For your best chance at a favorable outcome, you’ll want expert representation on your side as well.

A product liability attorney can explain your legal options for your personal injury claim due to a defective product. FindLaw’s directory of experienced dangerous product lawyers can get you started. Begin by entering your city or state to find listings for qualified legal advisors in your area. Then, reach out for a case review. Many law offices offer free case evaluations.