Product Liability Claims: Legal Help and Resources

You may be entitled to damages if you are harmed or become sick after using a dangerous or defective product. However, product liability lawsuits can be complicated to handle on your own.

Most people injured by a dangerous product or medical device have no idea how to sue the manufacturer or other parties responsible for their injuries. That is to be expected.

Navigating the legal process of liability litigation, mass tort cases, or class action is complex and overwhelming. That’s why it’s a good idea to contact an attorney with extensive experience handling cases involving manufacturing defects, inadequate labeling, or design defects.

This article offers resources to help you manage a product liability suit. It also includes tools to help you find a product liability lawyer and the legal team right for your situation.

Evaluating a Product Liability Case

Suing somebody for a defective or dangerous product is no easy feat. This area of law can be more complicated than other injury claims. Your individual case will be different from every other case your trial lawyers have handled in the past.

Once you have your case evaluation, your attorney must review the evidence available in your case. They need to determine which parties to name in your lawsuit. They also need to talk to experts who can help prove that you suffered serious injuries.

Finally, your product liability attorney will analyze your case to see what damages to demand in your lawsuit. In most defective product cases, plaintiffs demand some or all of the following:

• Medical expenses
• Future healthcare expenses
• Lost wages
• Lost future income
• Emotional distress
• Pain and suffering
• Property damage
• Punitive damages

You should immediately seek legal services if a faulty product injures you or a loved one. Most practice groups have attorneys with years of experience handling product liability claims. To find a product liability lawyer near you, visit our attorney directory.

Did You Suffer Actual Damages?

Before you file suit, your attorney must determine what damages you’re entitled to. If your case goes to trial, you must prove your damages. Otherwise, you won’t receive a jury verdict in your favor.

Most of these cases are settled out of court. This is the norm with most strict liability cases. Regardless of the jurisdiction where your attorney files your lawsuit, there will be laws that speak to the kind of damages you can receive.

For example, there is no limit to how much you can demand in punitive damages in New York. Other states cap how much the judge can order the defendant to pay.

If you have only minor injuries or minimal financial losses, spending the time and energy to pursue your claim may not make sense. Also, attorneys may be less inclined to represent you because it should make business sense for them to do so.

Federal Laws and Product Liability

Primarily, state law governs product liability cases. Occasionally, the federal government will move to preempt an entire area of product liability law from state control to protect a particular group of manufacturers.

Specific federal statutes address certain industries and product categories. For instance, automobile manufacturers must comply with numerous safety regulations, including the following:

• Crash test ratings
• The use of seat belts
• Other specifications required for legal sales

When companies fail to comply with the regulations required for their industry or product, they face severe liability for any injuries resulting from the lapse.

How a Product Liability Lawyer Can Help

An attorney will do more than offer legal advice. A personal injury lawyer specializing in product liability litigation can help you pursue your claim and advocate for you throughout the process.

Many types of products can hurt you. Perhaps a product’s design makes it inherently dangerous. There could be a manufacturing defect that makes it unsafe. Depending on the type of injury you suffered, you may be able to take part in a mass tort case or a class action lawsuit.

An attorney can explain what you can expect at every step of your personal injury case and will take action on your behalf. Your attorney will:

• Research the law
• Gather evidence
• Interview witnesses
• Collect records
• Confer with expert consultants
• Plan legal strategy
• Negotiate with insurers and opposing counsel

Negotiating With Insurance

Most manufacturers have general liability insurance. This means there’s a good chance their insurance policy will include product liability coverage. Small businesses and other companies that manufacture consumer goods understand the risks of product liability lawsuits.

They should have product liability insurance to cover any damages suffered by their customers. Companies involved in manufacturing, distributing, or selling a product can purchase product liability business insurance that covers third-party bodily injuries and property damage caused by faulty products. It helps with the company’s risk management.

Your lawyer will work hard to negotiate a settlement with the product manufacturer’s insurance company. The defendant should have ample insurance coverage to settle your claim. You may be entitled to compensation if you suffered bodily injury or property damage.

Your attorney will work hard to strengthen your position and ensure your fair recovery. FindLaw’s directory of product liability attorneys can get you started. Select your state or city to access ratings and contact information for qualified legal advisors in your area.

List of Product Liability Organizations and Resources

Government agencies, news organizations, and consumer watchdog groups provide valuable information. See below for a list of product liability tools and references. Still, the best resource is an experienced product liability attorney.

Consumer Guides

• Consumer Guides and Protection – A through Z directory of consumer protection guides and advisories (USA.gov). This guide can help warn you about product defects and dangerous exposures.
• Consumer Reports – Nonprofit organization that provides performance and safety reviews of consumer products. Business owners do not want their customers to read negative information in publications, which is why consumer reports can be a valuable resource.
• Consumers Union – This division of Consumer Reports works with consumer activists to pass consumer protection laws.
• Consumer Products Safety Commission (CPSC) – This site lists consumer product safety alerts, press releases, recalls, and more. It includes information on both manufacturing and defective designs.
• American Academy of Pediatrics (AAP) – Find evidence-based guidance for vaccinations for children and adolescents. AAP also offers recommendations and information on safe sleep for infants and children.

Food and Drug Safety

• Food and Drug Administration (FDA) – The FDA is the government agency that protects consumers from unsafe foods and drugs. Its website includes links to news, product reports and approvals, and safety alerts.
• Food and Drug Law Institute – The FDLI examines laws and regulations on drugs, medical devices, other healthcare technologies, and food. These laws apply to manufacturers, retailers, wholesalers, and distributors.
• FoodSafety.gov – This offers a gateway to U.S. government food safety information. It collects information from the USDA, FDA, CDC, and other federal agencies. It helps you learn about foodborne illnesses and how to avoid food poisoning.
• Institute for Safe Medication Practices – This page covers medication errors, off-label prescriptions, frequently confused drug names, and more.

Transportation and Vehicle Safety

• The Insurance Institute for Highway Safety – IIHS is a nonprofit organization that uses scientific research and outreach efforts to reduce highway accidents.
• National Highway Traffic Safety Administration (NHTSA) – Information about recalls of automobiles, child safety seats, and other vehicle-related consumer products, including a way to report safety-related defects to these items.
• National Safety Council – This website features home, environment, transportation, and workplace safety resources for consumers and employers.
• National Transportation Safety Board (NTSB) – Objectively investigates accidents, advocates safety recommendations, and assists victims of transportation accidents.

Product Defects and Recalls

• PBS Frontline – PBS’s Frontline series includes news, documents, studies, and other information, including product defects and litigation.
• Recalls.gov – Six federal agencies joined to create a “one-stop shop” for US government recalls. Consumers can read about recent recalls, search for recalls, and report a dangerous product. These recalls will include both domestic companies and importers.
• SaferProducts.gov – Provides a searchable database of product recalls and reports and a way to make reports to the CPSC about an unsafe product.

FindLaw Product Liability Resources

• Product Defect Claims Legal Help – This article includes the basics of how an attorney can help you with a product liability claim. Learn about the stages of a product liability case, which documents and records to collect, and how to find the right attorney for your case.
• Preparing Your Product Liability Case – To prepare your product liability case, your lawyer will need to know all the details about how, when, and where you were injured. This questionnaire will help you provide your attorney with the necessary information.
• FindLaw’s State Statutes of Limitations – This page discusses how the statute of limitations impacts your product liability lawsuit. It also explains how long you have to file suit in each state.