Product Liability for Defective Products under US Law | LII / Wex
Every year, thousands of consumers suffer injuries due to defective products, leading to legal battles to seek compensation. Product liability law ensures that manufacturers, distributors, and retailers are held liable for the damage caused by dangerous or defective products. Understanding product liability law is crucial for both consumers and businesses to determine whether legal action is necessary when a defective product causes harm.
What is Product Liability?
Product liability refers to the legal responsibility of a manufacturer or seller for releasing a defective product that causes injury or damage. Under US law, product liability cases fall under tort law and can involve strict liability, negligence, or breach of warranty. When a consumer suffers injuries due to a defective product, they may have a product liability claim against the responsible party.
What Are the Types of Product Defects?
To win a product liability case, the plaintiff must show that the product is defective. There are three main types of product defects:
1. Design Defects
A design defect occurs when a product is inherently dangerous due to a flaw in its design. Even if the manufacturing process follows the intended design, the product is defective because it presents an unreasonably dangerous risk of harm. For example, a car with a fuel tank prone to explosions due to its placement has a design defect.
2. Manufacturing Defects
A manufacturing defect occurs when a product is properly designed but becomes dangerous due to an error in the manufacturing process. In these cases, the defect caused harm because the product was not made according to its intended specifications. A batch of contaminated medicine or a bicycle with a cracked frame due to improper welding are examples of manufacturing defects.
3. Warning Defects (Failure to Warn)
Warning defects involve products that pose inherent dangers that are not obvious to consumers and lack proper warnings or instructions. If a manufacturer fails to provide adequate warnings, the product becomes unreasonably dangerous. For example, failing to warn about the choking hazard of a children’s toy could lead to a product liability claim.
Who Can Be Held Liable in a Product Liability Case?
Determining liability in a product liability case involves identifying the responsible party. The following entities may be liable for a defective product:
- Manufacturers – The company that designed or produced the defective product.
- Distributors – The entities that transported or stored the product.
- Retailers – The sellers who made the defective product available to consumers.
How Does Strict Liability Apply to Product Liability Cases?
Strict liability is a legal doctrine that holds manufacturers and sellers responsible for defective products regardless of negligence. Under strict product liability, the plaintiff does not need to prove negligence but must show that:
- The product was defective.
- The defect caused the injury.
- The product was used as intended.
Strict liability protects consumers by placing the burden of safety on manufacturers and sellers.
How Can a Plaintiff Prove a Product Liability Claim?
A plaintiff must show certain elements to win a product liability claim:
- The product was defective – There must be a defect in the product’s design, manufacturing, or warnings.
- The defect caused injury – The plaintiff must show that the defect caused harm.
- The product was used as intended – The plaintiff must have used the product in a foreseeable manner.
Expert testimony is often required to establish a defect in the product and demonstrate how it caused the injury.
What Compensation is Available in a Product Liability Lawsuit?
Victims of defective products can seek compensation for damages caused by a product defect. Compensation may include:
- Medical bills – Coverage for hospital visits, surgeries, and rehabilitation.
- Lost wages – Reimbursement for lost income due to injuries.
- Pain and suffering – Compensation for physical and emotional distress.
- Property damage – Costs to repair or replace damaged property.
- Punitive damages – Additional damages awarded to punish a manufacturer for reckless actions.
What is the Statute of Limitations for Product Liability Claims?
The statute of limitations for filing a product liability claim varies by state. In most states, the time limit to file a product liability lawsuit is between two to four years from the date of injury. Some states have a “discovery rule” that allows plaintiffs to file a lawsuit when they discover the injury was caused by a defective product.
What Are Common Defenses in Product Liability Cases?
Defendants in product liability cases may use several legal defenses, including:
- Misuse of the product – Arguing that the plaintiff used the product in an unforeseeable manner.
- Statute of limitations – Claiming the lawsuit was filed too late.
- Assumption of risk – Asserting that the plaintiff knowingly used a defective product despite warnings.
How Can an Attorney Help with a Product Liability Case?
An experienced attorney can help injured consumers navigate the complexities of product liability law. A personal injury attorney can gather evidence, consult expert witnesses, and negotiate with insurance companies to seek compensation for losses. If you have been injured by a defective product, please contact a lawyer as soon as possible to determine whether you have a case.
Final Thoughts on Product Liability Law
Product liability law protects consumers from defective and dangerous products. If you have suffered injuries due to a defective product, you may be able to file a product liability claim. Understanding your legal options and working with an experienced attorney can help you seek justice and recover compensation for damages caused by a defective product. Holding manufacturers accountable ensures that dangerous products are removed from the market and prevents future injuries. If you or a loved one has been harmed by a defective product, contact an attorney today to discuss your case.
