Case Types8 min readApril 7, 2020

Product Liability Lawsuits: When Defective Products Cause Serious Harm

When a defective product injures you, manufacturers and sellers can be held liable. Here's how product liability lawsuits work.

By Frontier Legal Funding Team

Every product you buy should be safe to use as intended. When a defective product causes injury, the manufacturers, distributors, and retailers involved in bringing that product to market can be held legally responsible. Product liability lawsuits allow injured consumers to pursue compensation for harm caused by dangerous or defective goods.

These cases can be complex and expensive to litigate, often requiring expert testimony and extensive investigation. Understanding how they work is essential for anyone who has been hurt by a product that failed to perform safely.

Key Takeaways

  • Product liability claims can be based on manufacturing defects, design defects, or a failure to provide adequate warnings.
  • You do not always need to prove negligence. Many states allow strict liability claims against manufacturers.
  • Multiple parties in the supply chain can be held responsible, from the designer to the retailer.
  • Product liability cases often require expert witnesses and detailed evidence, making them costly to pursue.
  • Statutes of limitations vary by state, so acting quickly is important.
  • Three Types of Product Defects

    Product liability claims generally fall into three categories, each targeting a different stage of the product's lifecycle.

    Manufacturing defects occur when a product departs from its intended design during production. A single unit or batch may be affected while the rest of the product line remains safe. Examples include a car with a faulty brake line installed at the factory or contaminated medication from a specific production run.

    Design defects exist before the product is ever manufactured. The entire product line is inherently dangerous because of a flaw in the design itself. A space heater that tips over easily and ignites nearby materials would be an example of a design defect.

    Marketing defects, also known as failure-to-warn claims, involve inadequate instructions or missing safety warnings. If a power tool lacks proper safety labels or a pharmaceutical company fails to disclose known side effects, injured users may have a valid claim.

    Who Can Be Held Liable

    One of the distinguishing features of product liability law is that liability can extend across the entire supply chain. Depending on the circumstances, the following parties may be named in a lawsuit:

  • The product manufacturer
  • The company that designed the product
  • Component part manufacturers
  • Wholesale distributors
  • Retail stores that sold the product
  • In many jurisdictions, any entity that played a role in getting the defective product into the consumer's hands can share liability. This broad scope increases the chances that injured plaintiffs can recover meaningful compensation.

    Strict Liability vs. Negligence

    In many states, product liability claims can proceed under a theory of strict liability. This means the plaintiff does not need to prove the defendant was careless or negligent. Instead, they only need to show that the product was defective, the defect existed when it left the defendant's control, and the defect caused injury.

    Other states require plaintiffs to prove negligence, meaning the defendant failed to exercise reasonable care in designing, manufacturing, or marketing the product. Some claims may also be based on breach of warranty, either express warranties made by the seller or implied warranties that the product is fit for its intended use.

    Understanding your state's legal framework is critical. For more on how different states handle personal injury rules, see our guides on [California personal injury laws](/blog/california-personal-injury-laws) and [Texas personal injury laws](/blog/texas-personal-injury-laws).

    Common Products Involved in Liability Claims

    Product liability lawsuits span a wide range of consumer goods and industrial products. Some of the most frequently litigated categories include:

  • Automobiles and auto parts such as defective airbags, tires, or ignition switches
  • Medical devices including hip implants, surgical mesh, and pacemakers
  • Pharmaceutical drugs with undisclosed side effects
  • Children's toys with choking hazards or toxic materials
  • Household appliances that overheat, catch fire, or malfunction
  • Industrial equipment lacking proper safety mechanisms

These cases often attract significant media attention and may lead to class action lawsuits or multidistrict litigation when many consumers are affected by the same defect.

Damages You Can Recover

Successful product liability claims can result in compensation for both economic and non-economic damages. Economic damages cover medical bills, lost wages, and future treatment costs. Non-economic damages address [pain and suffering](/blog/pain-and-suffering-damages-explained), emotional distress, and loss of enjoyment of life.

In cases involving particularly egregious conduct, such as a manufacturer knowingly selling a dangerous product, courts may also award punitive damages intended to punish the defendant and deter similar behavior in the future.

The Financial Burden of Pursuing a Claim

Product liability lawsuits are among the most expensive types of personal injury cases. They frequently require hiring expert engineers, medical professionals, and industry specialists to testify about the defect and its consequences. Litigation can stretch on for years, especially when facing large corporations with substantial legal resources.

For plaintiffs struggling financially during this process, Frontier Legal Funding offers pre-settlement funding that can help cover living expenses and medical costs while the case is pending. Since repayment is only required if the case is successful, there is no added financial risk.

Taking Action After a Product Injury

If you have been injured by a defective product, preserve the product and any packaging, document your injuries thoroughly, and seek medical attention immediately. Consult an attorney experienced in product liability law as soon as possible, because evidence can disappear and statutes of limitations apply.

To learn more about funding options that can support you through the legal process, visit [frontierlegalfunding.com](https://frontierlegalfunding.com) or call (855) 385-FUND.

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