Product liability law holds manufacturers, distributors, and retailers responsible for injuries caused by defective products. Unlike most personal injury claims, many states apply "strict liability" — you do not need to prove the company was negligent, only that the product was defective and caused your injury.
15 steps across 2 sections
1. Steps Process
- Preserve the defective product — Do not throw away, repair, or alter the product. It is your most important piece of evidence. Store it safely and photograph it from multiple angles.
- Seek medical treatment — Get immediate medical attention for your injuries. Medical records documenting the cause and extent of injuries are critical evidence.
- Document everything — Photograph injuries, the product, the scene, and any packaging or instructions. Keep purchase receipts, warranty cards, and any communications with the manufacturer.
- Identify responsible parties — Liability can extend to the manufacturer, parts supplier, distributor, wholesaler, and retailer. Your attorney will determine all potentially liable parties.
- Consult a product liability attorney — These cases are complex and typically require expert testimony. Most attorneys work on contingency (25-40% of recovery). Consultations are usually free.
- Attorney obtains expert analysis — An expert (engineer, medical professional, etc.) will examine the product and your injuries to establish the defect and causation.
- File a demand or lawsuit — Your attorney will either negotiate a settlement demand or file a complaint in court, depending on the manufacturer's response.
- Discovery and negotiation — Both sides exchange evidence, take depositions, and negotiate. Most cases settle before trial.
- Trial or settlement — If no settlement is reached, the case goes to trial. Juries can award compensatory damages (medical bills, lost wages, pain and suffering) and sometimes punitive damages.
2. Key Details
- Three types of defects: design (inherently unsafe design), manufacturing (error during production), marketing (inadequate warnings or instructions)
- Statute of limitations: 2-4 years in most states (as short as 1 year in some)
- Strict liability applies in most states (no need to prove negligence)
- Class action lawsuits may apply when many people are injured by the same product
- Product recalls do not bar individual claims
- You can recover: medical expenses, lost wages, pain and suffering, property damage, and sometimes punitive damages
Common Mistakes
- Throwing away or repairing the defective product
- Waiting too long to file (missing the statute of limitations)
- Not seeking immediate medical treatment (gaps in treatment weaken your case)
- Trying to handle the claim without an attorney
- Not identifying all responsible parties in the supply chain
Pro Tips
- Report the defect to the CPSC (Consumer Product Safety Commission) at SaferPr...
- Check if the product has been recalled at Recalls.gov
- Keep the product in its post-incident condition — do not attempt repairs
- Save all packaging, instructions, and warranty materials
- Document how the injury has affected your daily life (journal entries help)