When a product you trusted injures you or a loved one, you deserve answers—and potentially compensation. Product liability law holds manufacturers, distributors, and retailers accountable for putting dangerous products into consumers’ hands. Unlike many personal injury claims, you often don’t need to prove the company was careless—just that the product was defective and caused your harm.
Quick Answer
Yes, you can sue for injuries caused by a defective product. Product liability is typically a strict liability claim, meaning you don’t have to prove the manufacturer was negligent—only that the product was defective and that defect caused your injury. You can potentially sue anyone in the product’s chain of distribution: manufacturers, wholesalers, distributors, and retailers.
Three Types of Product Defects
Product liability claims fall into three categories. Understanding which applies to your situation helps determine who’s liable and what you need to prove.
Manufacturing Defects
A manufacturing defect occurs when something goes wrong during production, making your specific product different from (and more dangerous than) identical products. The design was fine, but your unit was built incorrectly.
Examples:
- A car with improperly installed brakes that fails
- Contaminated medication from unsanitary production
- A ladder with a cracked rung from poor welding
- Children’s toys with loose parts that pose choking hazards
Design Defects
A design defect means the entire product line is dangerous because of how it was designed. Even products manufactured perfectly according to specifications are unsafe.
Examples:
- SUVs prone to rollovers due to high center of gravity
- Space heaters that overheat and cause fires
- Medications with dangerous side effects outweighing benefits
- Power tools without adequate safety guards
Marketing Defects (Failure to Warn)
Marketing defects involve inadequate warnings, instructions, or safety information. The product may work as intended but is dangerous without proper guidance.
Examples:
- Medications without warnings about dangerous drug interactions
- Cleaning products without instructions to avoid mixing
- Power equipment without safety operation guidelines
- Food products without allergen warnings
Who Can You Sue?
One advantage of product liability law is that you can potentially sue multiple parties in the chain of distribution:
| Party | Why They May Be Liable |
|---|---|
| Product manufacturer | Created the defective design or manufacturing process |
| Component manufacturer | Made a defective part that was incorporated into the final product |
| Wholesaler/Distributor | Part of the chain that brought the product to market |
| Retailer | Sold the defective product to you |
| Assembler | Improperly assembled components |
You don’t have to be the purchaser. Anyone injured by a defective product can potentially sue—whether you bought it, received it as a gift, borrowed it, or were a bystander injured by someone else’s product.
What You Need to Prove
In most states, product liability operates under strict liability, which makes your burden of proof simpler than typical negligence cases:
- The product was defective – It had a manufacturing, design, or marketing defect
- The defect existed when it left the defendant’s control – You didn’t cause the defect
- You were injured – You suffered actual harm
- The defect caused your injury – There’s a direct connection between the defect and your harm
Notice what’s not required: proving the manufacturer was careless or knew about the danger. Strict liability focuses on the product, not the defendant’s conduct.
Some States Use Negligence Standards
A few states require you to prove negligence rather than strict liability. In these cases, you must show the defendant failed to use reasonable care in designing, manufacturing, or warning about the product.
Common Defective Product Claims
Vehicles and Auto Parts
- Defective airbags (Takata recall)
- Faulty ignition switches
- Tire blowouts and tread separation
- Defective seat belts
- Rollover-prone designs
Medical Devices and Pharmaceuticals
- Defective hip and knee replacements
- Dangerous medications
- Faulty pacemakers or defibrillators
- Surgical mesh complications
- Contaminated medical products
Consumer Products
- Dangerous children’s toys
- Defective appliances causing fires
- Contaminated food products
- Faulty power tools
- Unsafe furniture (tip-over dressers)
What Damages Can You Recover?
Economic Damages
- Medical expenses (past and future)
- Lost wages and earning capacity
- Property damage
- Cost of replacement product
- Out-of-pocket expenses
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium (for spouses)
Punitive Damages
In cases where the manufacturer knew about the defect and ignored it, or acted with reckless disregard for safety, courts may award punitive damages to punish the defendant and deter similar conduct.
Statute of Limitations
Every state has a deadline for filing product liability claims. These typically range from 2-4 years from the date of injury, but some states have special rules:
- Discovery rule: Some states start the clock when you discover (or should have discovered) that a product caused your injury
- Statute of repose: Some states bar claims after a certain number of years from the product’s sale, regardless of when injury occurred
- Minors: Often have extended deadlines
Preserving Evidence
If you’re injured by a defective product, protecting evidence is crucial:
- Keep the product – Don’t throw it away, repair it, or return it to the manufacturer
- Preserve packaging and receipts – Establishes where and when you bought it
- Document the scene – Photograph the product, your injuries, and where the incident occurred
- Get medical attention – Creates a record linking your injuries to the product
- Note the product details – Model number, serial number, batch codes, manufacturing date
- Keep any recall notices – Check if the product has been recalled
Class Actions vs. Individual Lawsuits
Defective products often injure many people, leading to:
- Class action lawsuits: Large groups sue together, sharing any settlement or verdict
- Mass tort litigation: Individual lawsuits consolidated for efficiency but with separate outcomes
- Individual lawsuits: You sue on your own, potentially recovering more if your injuries are severe
If a class action exists, you may be automatically included unless you opt out. An attorney can advise whether joining or pursuing an individual claim makes more sense for your situation.
Defenses Manufacturers Use
Be prepared for these common defenses:
- Product misuse: You used the product in an unforeseeable way
- Alteration: Someone modified the product after purchase
- Assumed risk: You knew about the danger and used it anyway
- Comparative fault: Your own negligence contributed to the injury
- Statute of limitations: You waited too long to sue
Frequently Asked Questions
Can I sue if I wasn’t the one who bought the product?
Yes. Product liability extends to anyone foreseeably injured by the defect—purchasers, users, family members, and even bystanders. You don’t need a purchase receipt to have a valid claim.
What if the product was recalled after my injury?
A recall can actually help your case by establishing the manufacturer knew about the defect. However, you may still have a claim even without a recall—recalls often happen only after injuries occur.
Can I sue if I only suffered property damage, not physical injury?
Possibly, but these cases are harder. Many states require physical injury for product liability claims. You may have a breach of warranty claim instead. Whether it’s worth pursuing depends on the amount of damage and legal costs.
What if I ignored the warning label?
This could reduce or eliminate your recovery under comparative fault rules. However, if the warning was inadequate, unclear, or hidden, you may still have a claim.
How long do product liability cases take?
Cases against large manufacturers often take years due to complex evidence, expert testimony, and corporate litigation tactics. Simpler cases may settle within months. Your attorney can give you a realistic timeline based on your specific situation.
When to Contact a Lawyer
Consider consulting a product liability attorney if:
- You suffered serious injuries from a product
- Medical bills are mounting from your injury
- You still have the defective product as evidence
- Multiple people were injured by the same product
- The product has been recalled
- The manufacturer is denying responsibility
Most product liability attorneys work on contingency—you pay nothing unless you win. Given the technical complexity of these cases, professional legal help is often essential.
