The U.S. Consumer Product Safety Commission (CPSC) estimates that consumer product injuries cost the U.S. economy more than $1 trillion annually. From defective medical devices to dangerous toys, tainted food products, and explosive lithium batteries, product liability law holds manufacturers, distributors, and sellers accountable when their products cause harm.
Three Types of Product Defects
1. Design Defects The product's fundamental design is inherently dangerous, even when manufactured correctly. Every unit of the product is defective.
Example: An SUV with a design that makes it prone to rollover in normal driving conditions.
2. Manufacturing Defects An error in the production process causes a specific product to deviate from its intended design.
Example: A properly designed car with a brake caliper that was improperly installed at the factory.
3. Marketing Defects (Failure to Warn) The product is dangerous in a way that users would not recognize, and the manufacturer failed to provide adequate warnings or instructions.
Example: A medication with dangerous interactions that were known but not disclosed in labeling.
The Strict Liability Standard
Product liability cases are unique because most are governed by strict liability — meaning you do not need to prove the manufacturer was negligent. You only need to establish:
- The product was defective (design, manufacturing, or warning)
- The defect existed when the product left the manufacturer's control
- The defect caused your injury
- You suffered damages
This is a significantly lower bar than traditional negligence, and it applies to all parties in the distribution chain — manufacturer, distributor, and retailer.
Key Evidence in Product Liability Cases
- Preserve the product — Do not repair, modify, or discard the defective item. Photograph it from all angles.
- Retain the original packaging — Warnings, lot numbers, and manufacturing dates are critical
- Document the accident scene — Photographs, measurements, and witness statements
- Seek medical attention immediately — Medical records connect the product to your injury
- Research CPSC recalls — Check recalls.gov to see if your product has been recalled
- Gather purchase evidence — Receipts, order confirmations, or credit card statements prove you obtained the product legitimately
Mass Torts and Class Actions
When a defective product injures many people, attorneys may file:
Mass Torts — Individual lawsuits consolidated for pre-trial proceedings in Multi-District Litigation (MDL). Each plaintiff retains their individual claim and can receive different compensation. Major examples include the Talcum Powder litigation, 3M Combat Arms Earplugs, and CPAP machine defect cases.
Class Actions — A single lawsuit filed on behalf of a class of similarly injured people. Class members typically receive smaller individual payouts but cases can resolve efficiently.
Product Liability Settlements and Verdicts
| Product Category | Notable Settlements |
|---|---|
| Pharmaceutical drugs | $7B+ (Roundup / glyphosate) |
| Medical devices | $4.65B (hip implants) |
| Consumer electronics | Hundreds of millions (Galaxy Note 7) |
| Automotive defects | $11B+ (Takata airbag) |
| Baby/children products | Billions (various recalls) |
When to Contact an Attorney
Product liability litigation against large manufacturers requires significant resources, engineering experts, and medical experts. Most product liability attorneys work on contingency — you pay nothing unless they win. The statute of limitations is typically 2–3 years from the date of injury or discovery.
Find a verified product liability attorney in our directory.
Frequently Asked Questions
Q: Can I still sue if the product has been recalled? A: Yes. A recall actually helps your case because it is an acknowledgment by the manufacturer or government that the product was defective. Ongoing recall participation does not bar your personal injury claim.
Q: What if I modified the product before it injured me? A: Unauthorized modifications can reduce or eliminate your claim if the modification caused or contributed to the injury. If the defect existed prior to the modification, you may still have a valid claim.
Q: Can I sue a used car dealership for a defect in a used vehicle? A: This depends on whether the defect is a design or manufacturing defect (which generally allows claims against the original manufacturer regardless of the number of owners) or a condition created by the dealer themselves.
Q: What is the learned intermediary doctrine? A: In pharmaceutical cases, drug manufacturers can sometimes avoid liability to end users by arguing they adequately warned prescribing physicians. This doctrine has important exceptions and is contested in many jurisdictions.
Q: Can I join a class action if I already have an individual claim? A: You typically must opt out of a class action to pursue your own individual lawsuit. The decision depends on the severity of your injuries — class action members often receive smaller but more certain payouts, while individual lawsuits can potentially recover more for serious injuries.
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