{"id":353393,"date":"2016-04-04T10:46:56","date_gmt":"2016-04-04T15:46:56","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/product-liability\/what-is-product-liability.html"},"modified":"2023-10-11T15:39:14","modified_gmt":"2023-10-11T20:39:14","slug":"what-is-product-liability","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/product-liability\/what-is-product-liability.html","title":{"rendered":"What Is Product Liability?"},"content":{"rendered":"\n
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What Is Product Liability?<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Oni Harton, J.D.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Product liability law holds manufacturers, retailers, and distributors accountable when defective or dangerous products cause harm to consumers. Plaintiffs don\u2019t need to prove negligence to recover damages, especially under strict liability, which focuses on the product\u2019s defect rather than the seller\u2019s fault. State law typically governs product liability claims.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n\n\n\n

Thousands of people are harmed by defective or dangerous products every year.\u00a0Product liability<\/a>\u00a0is the area of the law that governs this type of injury. The burden to recover damages under product liability law is lower than in other personal injury cases. This is because the plaintiff doesn’t have to prove\u00a0negligence.<\/p>\n

Plaintiffs typically file product liability cases against a manufacturer or retailer for selling a dangerous or defective product to a consumer. All distribution chain parties can be liable in a product liability lawsuit. This is because manufacturers, retailers, and distributors must only market products that meet the ordinary expectations of the consumer.<\/p>\n

The ordinary expectations of the consumer standard include two duties. Products should do the job manufacturers advertised them to do. They must also be safe. When a product has an unexpected defect or danger, the product fails to meet ordinary consumer expectations.<\/p>\n

This article explains product liability law. If you have been harmed by a defective product, consider contacting an attorney near you<\/a>. An expert attorney can determine if you have a valid claim. If so, they will advocate for you throughout the process and fight for fair compensation for your injuries.<\/p>\n

Is Product Liability Governed by Federal or State Law?<\/h2>\n

There is no federal product liability law. Product liability claims are typically based on state laws and brought under the legal theories of:<\/p>\n