Product Liability Frequently Asked Questions (FAQs)

What is product liability?
Product liability falls under Personal Injury Law. It relates to the liability or responsibility of manufacturers, distributers and sellers / retailers of consumer products, when a consumer product fails to perform in the manner intended and causes property damage or personal injury.

What kinds of goods are covered by product liability?
In product liability law, “products” typically refer to traditional consumer products, including everything from toys to cosmetics to appliances.

What is required to make a product liability case?
Product liability cases are typically based on one of three legal theories:

• Strict liability
•  Negligence
•  Breach of contract

Each of these legal theories has its own requirements. A knowledgeable product liability attorney can help determine which of these theories has the best chance of succeeding in court, based on the circumstances surrounding a particular case, the evidence that exists, and the laws of the applicable jurisdiction.

For more information, visit our Product Liability page.

Who is responsible when a product causes harm?
The manufacturer of the product is often the most obvious party in a product liability case. Additionally, liability may rest with the manufacturer of component parts, a distributor, or a retailer of the final product. Based on the nature of the product defect and the injury it causes, a victim may have claims against multiple parties.

Are there federal product liability laws?
Although there are some federal regulations regarding product safety, product liability cases are determined primarily by state liability laws. Thus, the rights of individuals and the outcome of litigation can vary significantly from state to state.

I was hurt by a product—do I have a case?
Determining whether or not an individual has a viable case, or claim, depends on a number of factors. A product that is obviously defective, for example, is one element of a strong case. Another might be a product that is inherently dangerous, but does not come with appropriate warnings. As with any legal matter, your best course of action is to seek the advice of a product liability attorney.

How long do I have to file a claim?
As with most legal issues, product liability claims are subject to a statute of limitations. This means that a consumer only has a certain amount of time following an injury to file a lawsuit. The applicable time limit varies by state and by the nature of the injury sustained. A knowledgeable product liability lawyer will be able to assist you. Contacting a defective product attorney as soon after the injury as possible is the best way to ensure that your rights are protected.

If I win my case, what can I expect to get?
Winning a product liability case typically results in the payment of monetary compensation, which is legally referred to as “damages.” Compensation may include payment for medical expenses, lost wages, or pain and suffering. In cases where an individual is killed as a result of a defective product, the surviving spouse and dependents may have a wrongful death claim. In instances of particularly egregious conduct, a court may award punitive damages. Those damages are meant to “punish” the company or individual at fault to deter future wrongdoing.