Understanding Product Liability: When Defective Products Cause Harm

What Is Product Liability?

Product liability law holds manufacturers, distributors, and retailers responsible when a defective product causes injury. Unlike most personal injury claims, many product liability cases are based on strict liability — meaning you don't need to prove the company was negligent, only that the product was defective.

Three Types of Product Defects

Design defects: The product's design is inherently dangerous or flawed, even when manufactured correctly. Example: a vehicle design that makes it prone to rollovers.

Manufacturing defects: An error during the manufacturing process makes a specific product dangerous. Example: a batch of medication contaminated during production.

Marketing defects (failure to warn): The product lacks adequate instructions or warnings about potential risks. Example: a medication that doesn't warn about dangerous drug interactions.

Who Can Be Held Liable?

Under the chain of distribution theory, anyone in the product's supply chain can potentially be liable: the manufacturer, component part manufacturers, distributors, wholesalers, and retailers.

Proving Your Case

You generally need to show: the product was defective, the defect existed when it left the defendant's control, the defect caused your injury, and you were using the product as intended (or in a reasonably foreseeable way).

Statute of Limitations

Filing deadlines vary by state, typically 2-4 years from the date of injury. Some states also have statutes of repose that set an absolute deadline regardless of when the injury was discovered.