Product Liability FAQs

Breaking Down The Law Process One Question At A Time​

Table of Contents

Am I too late to file a product liability claim?

The injured person must file the complaint within the statute of limitations for the state in which they reside. The statute of limitations is a strict time limit by which all claimants must process their lawsuits, or else they will be barred from doing so. Although the courts may allow for a few exceptions, these cases are rare, and usually only occur in situations when there was a delayed discovery of damages.

The statute of limitations for product liability cases is typically three years from when the injury, damage, or death occurred. However, speak to an experienced defective product lawyer to ensure that your state has the same time limitations. 

How can I prove that the product is defective?

The following are some of the ways to prove that the product is defective:

  • The product is not functioning as it is supposed to do.
  • The product is malfunctioning or not in good working condition.
  • The product is not meeting its warranty requirements.

If you have proof that the product is defective, then you have a case to return the product to the manufacturer. If the product damaged you or your property in some way, you may be eligible to file a lawsuit against the manufacturer. 

What are some different types of product defects?

A product defect is any flaw in the manufacturing process of a product that renders it less safe or less effective than it should be. Almost all product defects can be categorized into three types:

  1. Design Defects- are errors in the design of a product.
  2. Manufacturing Defects- are errors in the manufacturing of a product.
  3. Marketing Defects- are flaws in the marketing, packaging, labeling, or instructions for use of a product.

Which types of damages are covered by product liability law?

Product liability law is the legal area that deals with the manufacturing and distribution of products. This area of law is concerned with the safety of products, and the potential for those products to cause injury to consumers.

The following types of injuries are generally covered by product liability law:

  • Injuries caused by a defective product
  • Injuries caused by a defective design
  • Injuries caused by a manufacturing defect
  • Injuries caused by a failure to provide adequate warnings
  • Injuries caused by inadequate instructions
  • Injuries caused by defective warning labels

Who is responsible in a defective product injury?

Injuries caused by products are often the result of a design defect, manufacturing defect, or inadequate warning about foreseeable risks. There is a duty on manufacturers to produce safe products, and to provide warnings about any risks associated with their use.

The design and manufacturing stages are usually the most important in terms of liability. If you can prove that the product was defective in its design, the company who designed it can be held liable. If you can show that the product was defective in its manufacturing process, then the company who manufactured it can be held liable. Manufacturers are responsible for providing safe products, but they are not responsible for accidents resulting from misuse or abuse of their products. Consumers also share some responsibility for using products in a safe manner.

What is product liability law?

Product liability law is a legal field that involves the protection of consumers from dangerous products. Product liability law is designed to not only compensate victims of a dangerous product but also to deter companies from making unsafe products.

A product liability lawsuit refers to the legal action taken by a consumer to hold the manufacturer of a product liable for the harm caused by the manufacture, distribution, or marketing of that product. The plaintiff must prove that a defect in the product was present when it was sold to the public and that a foreseeable risk of harm existed. 

Can I sue a company for a defective product injury?

A consumer can sue a company for a defective product injury under the following conditions.

  1. The product must have caused an injury because of a defect.
  2. The defect must have existed at the time of sale.
  3. The injury must not be the result of misuse of the product.
  4. The injury must not be the result of a third party’s negligence.
  5. You must have been using the product as it was intended to be used at the time of the injury.
  6. You are able to show that you were injured and that someone else was harmed by the defective product.
  7. You are able to show that you suffered damages as a result of the defect

What should I do if a defective product injured me?

If you were injured by a defective product, you can sue the manufacturer for damages. You may be able to recover compensation for your medical bills, lost wages, and pain and suffering. You may also be able to recover punitive damages if the manufacturer acted carelessly. A defective product is any product that is unreasonably dangerous to the consumer. This is often due to a design flaw or manufacturing defect.

The first step is to contact a qualified attorney. They will be able to tell you if you have a case and what type of compensation you may be owed. You will need to provide the attorney with the defective product, any receipts related to the purchase, and any documentation that shows that the product was faulty or defective. You will also need to provide any medical records related to the injury and any other documents that support your case.

Who is liable for a defective product?

The company who manufactures the product is normally liable for any defects that may be found in the product. If the manufacturer of a product is found to have been negligent in the production of that product, they are liable for any damages caused by their negligence, which includes any harm that may be caused by a defective product.

In some cases, it may be possible to hold an individual liable for the defects in their design or marketing of a product. If a company is found to have been negligent and to have failed to take precautions against a known defect, they are held liable for any damages caused by that defect. A company’s liability for a defective product will depend on the nature of the defect and the degree of negligence

Can I sue for a defective product if I wasn't injured?

Many people buy products and find defects that can actually cause significant harm. However, no matter how dangerous the defect or flaw may appear to be, it will almost never be possible to file a defective product lawsuit unless you experienced some kind of injury or damage by the defective product.

The reason for this is that the entire contract of personal injury law is predicated on the fact that people should be able to hold liable parties responsible for damages incurred to them. If there were no damages, though, there is no room for a personal injury lawsuit. 

How much money can be awarded in a product liability case?

Product liability cases can result in significant awards of money and the amount of the award will depend on the nature and severity of the injury. In some cases, a settlement may be reached with the defendant before a trial has been completed, but in other cases, the plaintiff will have to prove that the defendant was negligent in order to be awarded damages. This is a complex area of law, and there is no hard-and-fast rule about how much a plaintiff can expect to be awarded.

If the product that harmed me has a warranty, does this affect my case?

The fact that the product that harmed you has a warranty will not essentially affect your case. A warranty does not constitute a defense against a product liability case, but it can be used to establish a cause of action for breach of warranty. A defective product may also be the basis of a liability claim if the defect was not disclosed by the manufacturer.

If I threw away the product that injured me, can I still sue?

If the product that injured the customer was thrown away, it may be difficult to prove the defect in the product. However, there are a few ways to prove the defect in a product that injured a customer. For example, if the injury occurred because of a design defect, there may be evidence of this in the design plans for the product. If the injury occurred because of a manufacturing defect, there may be evidence of this in the manufacturing records.

That being said, if the problem was specific to this product then you’ll have no way of proving that one of the products on the line was defective in some way. This is especially relevant when it comes to foods. 

If I modified the product and then it injured me, can I still sue?

In order to prove a product liability claim, the plaintiff must show that the product was defective and that the defect was the cause of the injury. Therefore, if you modify a product and then it injures you, it will be very difficult to sue for damages since the injury may not have had to do with the product defect at all. That said, if you can prove that the defect was there before the modification and the original defect caused the injury, you may be able to sue. But you wouldn’t be able to sue for injuries caused by your modification of the product.

What do I need to win a product liability case?

If you’ve been injured by a defective product, you may be able to file a product liability lawsuit against the party responsible. These lawsuits are usually filed against the manufacturer, the distributor, or the retailer. You’ll need to show that your injury was caused by a defect in the product and not by misuse or negligence on your part. You’ll also need to show that you used the product as it was intended and in the way that it was meant to be used.

Additionally, you’ll need to show that the defect caused your injury and not something else. You’ll need to produce evidence of any warning labels or instructions that came with the product, and that they failed to warn and prepare consumers of its dangerous effects.

What constitutes a design defect of a specific product?

A design defect is a flaw in the design of a product that makes it unreasonably dangerous. Although a manufacturing defect may be due to an error in the production of the product, a design defect is something that is inherent in the design of the product and not due to an error in its production.

A design defect may have been the result of a lack of safety knowledge on the part of the designer or may have been an intentional decision to make the product more aesthetically pleasing or to save money on production costs.

Design defects can be difficult to identify because they are not always immediately apparent. A design defect can be discovered only after there has been a number of accidents or injuries that are similar to one another

What constitutes a manufacturer defect of a product?

A manufacturer defect of a product is when the product is defective from the manufacturer. This can be because the product was not made correctly or because it was not tested. A product is considered defective if it does not perform as expected, or if it does not meet specifications. Products may also be considered defective if they are unsafe. Products may also be considered defective if they are unsafe.

For a consumer to have a valid claim, the product defect must be substantial in nature. What constitutes a “substantial” defect is difficult to define but the following factors will be taken into consideration:

  • The nature and severity of the defect
  • The number of defects in a product
  • Whether the product was misrepresented or inadequately advertised
  • The number of people who have been injured by the product

Should I hire an attorney for my product liability case?

If you were injured by a product that was defective, you should hire an attorney to represent you. Product liability cases can be exceedingly complicated and can require an extensive amount of research and evidence. The attorney will investigate the product and the company and will help you get the compensation you deserve. Without an attorney, it can be hard to get the compensation you deserve.

If I didn't read the instructions for a product, can I still sue?

Product liability laws can vary from one state to the next, but typically, the manufacturer of the product is responsible for injuries caused by the product. A person who has been injured by a defective product may be able to sue the manufacturer or distributor of the product for damages. However, in order to do so, that person generally must have read and followed the instructions in the user manual. If they did not read and follow the instructions, they are not eligible to sue for damages.

That said, product liability is a very complicated area of law and It would be advisable to speak with a lawyer before giving up on your case. For instance, if the product is intuitive and doesn’t usually require reading instructions to operate in a normal fashion, this could allow one to sue even without reading the instructions. 

If a recalled product injures me, can I still sue?

Once a manufacturer realizes they need to recall a product, they will send out notices by mail/email, TV commercials, news outlets, and via social media.

However, just because a manufacturer sent out a recall notice, this doesn’t absolve them of the responsilbity for injuries that occur afterward. Although consumers have a duty to discard of the effective product or food once they hear about the recall, there are many individuals who never receive the notices. That said, if you do find out about the notice and ignore it, the manufacturer will invariably argue that their liability is limited because of your failure to act on their warnings.

How do expert witnesses help prove product liability claims?

In a product liability claim, expert witnesses may be helpful in proving that a product is defective or that the product caused injuries. For example, a company may claim that the plaintiff’s injuries were caused by the plaintiff’s own misuse of the product, rather than any defect. An expert witness could testify as to why and how the plaintiff’s injuries were caused by the product. Expert witnesses are not necessary for every case, and it will depend on the facts of the case and what the plaintiff is alleging. A competent lawyer will know when to call for an expert witness and what type of expert witness to call.

What is product liability insurance?

Product liability insurance is typically required for businesses that produce or sell products. If you are selling products, product liability insurance can help cover legal costs and damages that may result from a faulty product. If you are producing products, product liability insurance can help cover the cost of recalls and lawsuits. Product liability insurance can also protect you from damage to your reputation resulting from a faulty product. Product liability insurance is usually required both by law and by contract, and it can have an impact on your business’s overall cost of operation.

Can a product be too old to bring file a product liability case?

Product liability is a type of lawsuit that can be filed against a manufacturer, retailer, or another party in the supply chain of a product. The age of the product does not necessarily impact whether a person can file a product liability case, but it can be helpful for the defendant. If a company has been in business for a long time and the product is old, it may be hard to prove that the company was negligent.

You should also take into account the fact that there is usually a statute of limitations on product liability cases. Contact a lawyer to learn more about whether your case may qualify. 

What does "strict liability" mean?

Strict liability is the responsibility that a person has for damage caused by their product or service. Strict liability means that the person who caused the damage is responsible for the damages. The injured party does not need to prove that the person who caused the damage was negligent or careless to recover damages. This is a liability law, which means that the person who caused the damage (through negligence or carelessness) is responsible for paying for it.

How much is a product liability case worth?

A product liability case can be worth a lot of money. It’s not just about the cost of the product that was sold, but also about the cost of any injury or illness that the product may have caused. The injured party can seek compensation for everything from their medical expenses to lost wages to emotional distress. The specific amount of damages that an injured party can receive varies from case to case and depends on a number of factors, including the severity of the injury and how the injury occurred.

If you have been injured because of a defective product, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. The total amount of compensation is dependent on the state in which you live and the type of injury you have suffered.

Is there a statute of limitations in product liability cases?

The time limit for product liability claims varies from state to state. However, no state’s statute of limitations for defective product claims is less than a year. Many states have a two-year time limit, and some have a three-year time limit. A few states have time limits of four or more years. Make sure to find out whether your case is too late to be filed in your state before starting the lawsuit process. 

If you discover that the statute of limitations in your state has expired, keep in mind that you might still be able to file a claim in another state (such as where one of the defendants is located) if that state has a longer statute of limitations for defective product claims.

Can I sue if a pharmaceutical company because a drug caused negative side effects?

The FDA is responsible for approving drugs for sale, but not for monitoring their safety after the drug has been marketed. If you have been injured by a drug that the FDA has approved, you may have a right to recover compensation from the manufacturer or distributor of the drug.

People taking medications who suffer side effects may be able to sue if they can prove that the drug was not tested properly before being released or was flawed in its manufacture. They may also be able to sue if they can prove that the pharmaceutical company or doctor didn’t warn them of the potential side effects of the medication.