Product Liability FAQs

Product liability claims can include any product that is unreasonably dangerous because of poor product design, poor manufacturing, inadequate warning, or inadequate instructions. If you are injured or someone you love is killed by a defective product, a lawyer can help you protect your rights.

Who is the defendant in a product liability lawsuit?

Product liability claims may be filed against a product's designer, manufacturer, and/or the product distributor.

What circumstances must exist for a product liability claim?

Three basic elements comprise a product liability claim: (1) the product must be in a defective condition and reasonably dangerous when used for its intended purpose due to negligence in its design, manufacturing, or warnings and instructions; (2) the defect must exist when the product was in the manufacturer’s control; and (3) the defect must be the immediate cause of the injury or death for which you seek compensation.

What damages can be recovered in a product liability lawsuit?

In product liability claims involving personal injury, compensation can include past and future medical expenses, lost wages, pain and suffering, and other damages. In product liability claims involving wrongful death, surviving family members may be able to pursue compensation for funeral expenses, medical expenses, lost wages, lost support, and other damages.

What types of products are subject to a product liability lawsuit?

Any dangerous or defective product can be subject to a product liability lawsuit, from an automobile to a child's toy to a prescription drug. If a manufacturer creates an unsafe product and then proceeds to distribute and sell that product, the product may be the subject of a product liability lawsuit.

How do I determine if I have a product liability lawsuit?

With the complex legal issues that arise with a product liability lawsuit, it is best to consult an experienced attorney who is familiar with product liability law to determine if you have a claim.