Understanding Product Liability Claims and Your Rights
October 5, 2023
A product liability lawsuit allows injured consumers to hold manufacturers, distributors, or retailers accountable for selling defective products. This guide explains the types of defects, who may be liable, and the exact steps to file a product liability claim in the United States. You’ll also learn when to hire an attorney and what compensation you may be entitled to pursue.
When you buy a product—whether it’s a household appliance, a vehicle part, a power tool, or a medical device—you expect it to be safe. But defective products injure thousands of people every year, and U.S. law allows consumers to hold manufacturers and sellers accountable when something they made or sold causes harm.
This guide gives you a clear, up-to-date explanation of how product liability lawsuits work, the types of defects that create liability, and the steps you should take if you’ve been injured by a defective product. As of 2025, courts continue to take product defect claims seriously, and many cases succeed when victims collect evidence early and work with an experienced attorney.
Product liability is an area of law that holds manufacturers, distributors, and retailers responsible when defective products cause injuries. These rules exist to protect consumers and ensure companies follow safe design, manufacturing, and marketing practices.
Under U.S. law, several parties in the supply chain can be found liable—even if they didn’t directly manufacture the defective component. Courts recognize that consumers often cannot pinpoint exactly where a defect occurred, so liability may extend across the chain.
Product liability claims typically arise from:
When a product injures you because it was defective, you may be able to file a product liability lawsuit to recover compensation for medical bills, lost wages, and pain and suffering.
A successful claim identifies which party—or multiple parties—is responsible. Liability may attach to:
Manufacturers are often the primary defendants because defects frequently occur during:
A manufacturer can be liable for:
If a distributor knowingly sells a dangerous product, ignores manufacturer recalls, or fails to warn retailers, they can be held liable. In some states, liability applies even if they were unaware of the defect.
Retailers may be responsible if they:
Even if the retailer did nothing wrong intentionally, product liability laws may still include them in the chain of responsibility.
There are three primary types of defects recognized in product liability law. Identifying the correct type is essential because each requires different evidence.
A design defect exists before the product is ever manufactured. The problem is baked into the blueprint, making the product inherently unsafe even when assembled correctly.
Examples include:
A manufacturing defect occurs when something goes wrong during production.
Even if the design is safe, the specific unit that injured you may be dangerous because:
Marketing defects involve inadequate warnings, missing instructions, or misleading information.
Examples:
To win a product liability lawsuit, you generally must prove:
Evidence matters. As courts become more strict, showing a clear link between the defect and your injury is essential.
Filing a defective product claim can be overwhelming, especially if you’re dealing with medical treatment and recovery. Below is a structured, voice-search–friendly breakdown of what to do next.
The first and most important step is speaking with an attorney experienced in defective product cases. They can:
Lawfty attorneys offer free consultations, making this step low-risk.
Write down details while they’re fresh:
Take photos or videos of the product, the scene, and your injuries.
Evidence strengthens your claim. Collect:
Never throw the product away—your attorney may need to send it for expert evaluation.
A claim may include:
Your attorney will map the supply chain to determine exactly who contributed to the defect.
Many cases resolve through settlement. Your attorney will negotiate with:
Good cases can settle for compensation covering medical bills, lost wages, future care, pain and suffering, and sometimes punitive damages.
If settlement isn’t possible, your attorney may file a lawsuit. This involves:
Most cases settle before trial, but preparing strongly improves your bargaining power.
While you can technically file a claim without a lawyer, product liability cases are complex. You may be facing a large corporation with significant legal resources.
Experienced attorneys help with:
Product supply chains are long. A lawyer traces every component and seller to determine liability.
Attorneys send legal notices to prevent companies from destroying evidence.
Engineers, product designers, and medical experts can make or break your case.
Your attorney ensures you’re not pressured into an unfair settlement.
Lawfty works on a contingency fee, meaning you pay nothing unless you win.
If you were injured by a defective product, Lawfty can help you pursue compensation and hold negligent companies accountable.
Lawfty's experienced product liability lawyers offer free case consultations to discuss your case.
Can I file a product liability claim if I wasn’t the original buyer?
Yes. In most states, you can pursue a claim even if you purchased the item secondhand or received it as a gift, as long as the defect caused your injury.
What happens if a product liability claim exceeds the manufacturer’s insurance coverage?
If damages exceed policy limits, your attorney may pursue additional responsible parties, including distributors or retailers.
How long do I have to file a defective product lawsuit?
Each state has its own statute of limitations—often 1–3 years. Speak with a lawyer quickly so you don’t miss your filing deadline.
What compensation can I recover in a product liability lawsuit?
Injured consumers may recover medical expenses, lost income, pain and suffering, property damage, and in some cases, punitive damages.
How do I know if my product qualifies as “defective”?
A product is defective if it has a design flaw, manufacturing error, or missing/insufficient warning that makes it unsafe when used normally.
Do I have to prove the company was negligent?
Not always. Many states allow strict liability, meaning you can win your case even if the manufacturer wasn’t negligent—as long as a defect caused your injury.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation.
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