Ever bought something that turned out to be dangerous?
More often than one might think. Each year thousands of injuries occur due to defective products. This is when product liability laws come into play.
Here’s the problem:
Most consumers are unaware of their legal rights if a defective product injures them. Companies continue to profit from selling hazardous goods.
This guide breaks down the basics of product liability. Let’s dive in!
In This Guide:
- What Is Product Liability?
- The 3 Types of Product Defects
- When Should Legal Action Be Taken?
- How a Contingency Fee Attorney Helps
- Common Product Liability Cases
What Is Product Liability?
Product liability refers to the law that dictates accountability for manufacturers, distributors, or sellers that introduce a defective product to consumers.
Simple, right?
When a defective product causes injury to someone, that person can sue for compensation. This may cover medical expenses, lost income, pain and suffering and more. Product liability laws exist to protect consumers and encourage safer products.
Also, just look at these statistics. 15.1 million ER visits were due to consumer product-related injuries in 2024. That is insane how many people are injured by normal household goods.
For example, if an injury was caused by a defective product, a contingency fee attorney can help determine if there is a case. To learn more about how contingency fee attorneys deal with these types of claims, consulting with a personal injury attorney is a good idea. The best thing about a contingency fee attorney is that they only get paid if the case is won.
That means no upfront cost to file a claim. Pretty cool, right?
The 3 Types of Product Defects
Not all injuries caused by products lead to a lawsuit. In fact, for a plaintiff to be successful in a product liability lawsuit, one of three defects must be proven. Here are the three…
Design Defects
Design Defect: The product was unsafe before it was made. There was something wrong with the design. All products manufactured from that design are equally dangerous.
A classic example:
Car flipping when turning sharply. That wasn’t a manufacturing defect. The model was inherently unsafe upon conception.
Design defects are often the most serious because they affect entire product lines.
Manufacturing Defects
A manufacturing defect occurs during manufacturing. The design was completely acceptable but the manufacturer made an error somewhere.
Imagine a production run of bicycle helmets that have a fractured shell due to improper mixing of the plastic compound. Only a fraction of the helmets are defective, but those that are will fail catastrophically when placed on the head of the wearer.
Recalls are often due to manufacturing errors. If the company notices there’s a problem they will typically recall the lot and give refunds.
Marketing Defects
Marketing defects, also known as “failure to warn,” occur when a product lacks instructions or warnings about its safety.
Ok…let’s say there is a cleaning product. The product creates toxic fumes when mixed with another chemical, but it doesn’t say so on the label. Someone mixes the two products, is harmed by the fumes and decides to sue. This would be a marketing defect.
Warning labels might seem boring, but they save lives.
When Should Legal Action Be Taken?
Suing someone after an accident is not always necessary. However, there are definite indicators that it’s time to speak with an attorney.
Legal action makes sense when:
- The product caused real injury or property damage
- Medical bills are piling up
- Work has been missed because of the injury
- The product was being used the right way
- Similar injuries have happened to other people
Massive verdicts show us this issue is no joke. Product liability cases resulted in $13.7 billion in verdicts nationwide in 2024. Imagine all that money going back into the pockets of injured consumers.
But here’s the catch…
There is a limited amount of time to file a claim. Each state has a “statute of limitations” that applies to product liability cases. Waiting too long could mean losing the right to file a claim forever. Don’t delay.
How a Contingency Fee Attorney Helps
Legal fees are costly. That is why most people never even file their claim. Working with a contingency fee lawyer solves that issue.
Here’s how a contingency fee attorney works:
- No money is paid upfront
- The lawyer covers all case costs
- Payment only happens if the case is won
- The fee comes out of the final settlement as a percentage
When hiring a contingency fee lawyer, they assume all the risk. So whether someone makes a lot of money or very little, they can file a product liability lawsuit. Incredible isn’t it?
The average contingency fee is between 33% and 40% of the recovery. This percentage is taken from the final settlement amount. It includes everything the lawyer does in regards to the case. This work consists of:
- Investigating the defect
- Bringing in expert witnesses
- Handling settlement talks
- Taking the case to trial if needed
The majority of product liability cases are settled. However, with an experienced contingency fee lawyer, the case is ready for trial if necessary. This is important because insurance companies will fight every step of the way to payout the lowest amount.
A good contingency fee attorney levels the playing field.
Common Product Liability Cases
Product liability cases range widely in both form and function. Here are some of the most common:
- Defective medical devices
- Unsafe pharmaceuticals
- Faulty vehicles and auto parts
- Dangerous household appliances
- Contaminated food products
- Kids’ toys with hidden hazards
TOYS. About 250,000 children are injured by defective toys each year in the United States. Which explains all the toy recalls.
Medical device litigation is another big topic at the moment. It’s devastating when a piece of equipment designed to protect or save lives actually causes injury. Hernia mesh, hip implants and IVC filters have all featured in multi-billion dollar lawsuits recently.
The motor industry is no stranger to this sort of activity either. Failed airbags, brakes and faulty tyres have all resulted in large settlements being awarded. Courts do not look kindly on manufacturers being aware of a fault but not taking action.
Final Thoughts
Product liability laws exist to protect consumers. When companies mess up, consumers who are hurt by a defective product deserve compensation. Here’s a brief review of:
- Product liability holds companies responsible for defective goods
- There are three main types of defects: design, manufacturing, and marketing
- Time limits apply, so acting fast really matters
- A contingency fee attorney makes legal help affordable for everyone
Never blame the victim for being injured by a defective product. Justice is clearly spelled out in the laws, and with the right attorney, the path to justice can be smooth. Don’t allow a defective product to destroy a life without seeking responsibility from those at fault.
Bottom line? Understanding product liability laws empowers the consumer.
