Frequently Asked Questions About Product Liability

• How can a product be defective?

  Generally speaking, products can be defective in three ways:
  1. they can have a defective design;
  2. they can have a manufacturing defect; and
  3. they can be defective because they lack proper instructions and/or warning labels.
  For example, an SUV that rolls over easily, leading to roof crush injuries, has a poor design. A pharmaceutical medication that becomes contaminated during production has a manufacturing defect. And a children’s toy with small parts that do not have a choking hazard label has a labeling defect. All three types of defects can lead to serious injuries or even deaths.

• Will I have to prove that a product manufacturer was negligent in order to recover compensation?

  No; in most cases, manufacturers and other entities involved in the creation, production, and distribution of consumer goods are liable for any injuries, harm, illnesses, or deaths their products cause—regardless of negligence. This is known as strict liability. To seek compensation after being harmed by a defective product, you will merely need to prove that the product was, in fact, defective and that, as a result of the defect, you suffered injuries that led to specific damages.

• What kinds of compensation can I recover in a product liability claim?

  Every case is different and, therefore, it is not possible to say exactly what types of compensation you may be entitled to receive. However, in most product liability cases, victims are able to seek compensation for their medical expenses related to the accident, lost income/wages from time taken off work to receive treatment, lost future earnings if they are unable to return to work (temporarily or permanently), pain and suffering, property damage, and more. The attorneys at our firm will be able to provide you with a clearer understanding of your rights after a free consultation.

• Can I file a product liability claim if the defective product was recalled after my injury?

  Yes, a product recall often strengthens your case by providing evidence that the manufacturer knew or should have known about the defect. Even if the recall happened after your injury, it can demonstrate that the product was unreasonably dangerous. However, if you continued using a recalled product after being notified of the recall, this could affect your case. The timing of when you learned about the recall versus when your injury occurred is crucial in product liability litigation.

• What’s the difference between a design defect and a manufacturing defect in product liability cases?

  A design defect means the product was inherently dangerous as designed, affecting all products in that line – like an SUV prone to rollovers. A manufacturing defect occurs when something goes wrong during production, affecting only some products – like a batch of contaminated medication or a car with improperly installed brakes. Design defect cases often involve proving a safer alternative design was feasible, while manufacturing defect cases focus on how the product deviated from its intended specifications.

• Do I need to prove the manufacturer knew about the defect to win my product liability case?

  No, product liability law holds manufacturers strictly liable for defective products, meaning you don’t need to prove they knew about the defect or were negligent. However, evidence that the manufacturer knew about the defect and failed to warn consumers or fix the problem can significantly strengthen your case and may support claims for punitive damages. Internal company documents, prior lawsuits, and FDA or CPSC communications often reveal what manufacturers knew and when.

• Can I sue multiple parties if a defective product injured me?

  Yes, product liability law allows you to pursue claims against everyone in the distribution chain – the manufacturer, designer, distributor, wholesaler, and retailer. This is particularly important when dealing with complex products like medical devices or vehicles with multiple component manufacturers. Each party may bear different degrees of responsibility, and having multiple defendants can increase your chances of recovering full compensation for catastrophic injuries.

• What if I modified or misused the product before it injured me?

  Product modifications or misuse can affect your case, but they don’t automatically bar recovery. Courts look at whether your use was “reasonably foreseeable” – manufacturers must anticipate some degree of misuse. For example, if you removed a safety guard from machinery, this might reduce your recovery. However, if the defect would have caused injury even with proper use, or if the manufacturer should have designed against foreseeable misuse, you may still have a valid claim. The key is whether the defect, not your actions, was the primary cause of your injuries.

• Can I file a product liability claim for a defect that causes economic losses without physical injury?

  Generally, product liability law requires physical injury to a person or damage to other property beyond the defective product itself. Pure economic losses – like having to replace a defective product or lost profits – typically cannot be recovered through product liability claims. However, if a defective product creates a substantial risk of physical harm even if injury hasn’t occurred yet, some states may allow claims. The focus of product liability law is protecting people from dangerous products that cause bodily harm.

• What role do government safety standards play in my product liability case?

  Government safety standards can be important evidence but don’t determine your case outcome. If a product met all applicable federal safety standards but still injured you, you can still pursue a claim – compliance with minimum government standards doesn’t immunize manufacturers from liability. Conversely, if a product violated safety standards, this strengthens your case by showing the manufacturer failed to meet basic safety requirements. The key question remains whether the product was unreasonably dangerous, regardless of government standards.

• How do product liability claims work for products manufactured overseas?

  You can still pursue product liability claims against foreign manufacturers, though it may be more complex. U.S. courts have jurisdiction over foreign companies that sell products in the United States. However, collecting evidence from overseas manufacturers and enforcing judgments can be challenging. This is why it’s often crucial to also pursue claims against U.S. importers, distributors, and retailers who may be easier to hold accountable and have assets available for recovery in serious injury cases.