Product liability intake

Legal information only. Product liability claims require expert engineering or safety review to establish the defect. This tool screens potential claims only. See our full disclaimer.

Product liability claim intake

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The 3 types of product liability claims

Product liability law recognizes 3 distinct defect theories, each with different proof requirements. A single case may involve all 3.

A design defect exists when the product's design is inherently dangerous - every unit off the assembly line is defective because the design itself is flawed. A manufacturing defect is a deviation from the intended design - the design was safe but something went wrong in production for that specific unit. A failure to warn claim arises when a product has a known risk that isn't adequately disclosed in warnings or instructions, leaving users unable to protect themselves.

Strict liability - no proof of negligence required

Most states apply strict liability to product defect claims. You don't need to prove the manufacturer was negligent - only that the product was defective, you used it as intended (or in a reasonably foreseeable way), and the defect caused your injury. This significantly lowers the plaintiff's burden compared to standard negligence. Even if the manufacturer exercised every possible care, strict liability can apply if the product was defective.

Preserve the product

The defective product is the most critical piece of evidence. Do not discard it, attempt to repair it, or return it. Store it exactly as it was at the time of the injury. If the product was destroyed in the incident (an exploding gas grill, for example), photograph all remaining pieces. Spoliation of the product - allowing it to be destroyed or altered - can seriously damage your case.

Frequently asked questions

Yes. Under strict liability, any person injured by a defective product can sue - not just the purchaser. Bystanders injured by a defective product (a passenger in a car with a defective airbag, a family member injured by a defective appliance) have the same product liability rights as the original buyer. The chain of distribution from manufacturer to retailer is all potentially liable.

You must show the product was used as intended or in a reasonably foreseeable way. Obvious misuse of a product is a defense. But manufacturers must anticipate foreseeable misuse and design or warn against it. Standing on a chair to reach something high is foreseeable - manufacturers know people do this. A chair that collapses under someone standing on it may still be defective despite the misuse argument.

Yes. A recall actually strengthens your case in many ways - it's often an admission that the product was defective. The timing of the recall matters too. If the manufacturer knew about the defect and delayed issuing the recall, that delay supports punitive damages. If you were injured after the recall was issued but before you received notice, the adequacy of the recall notification process becomes an issue. An attorney can leverage recall timing and manufacturer knowledge in your claim.

Probably. Most significant product defects injure multiple people. Your attorney will investigate whether other lawsuits have been filed against the same product and whether litigation is consolidated in an MDL. Joining existing litigation can reduce your attorney's investigation costs and benefit from expert work already done in other cases. Other victims' cases also provide pattern evidence that strengthens your individual claim.

Product liability SOLs vary by state, typically 2 to 3 years from the injury date. Some states also have a statute of repose - a hard cutoff from the date of manufacture or sale, regardless of when the injury occurred. For latent defects that cause harm years after purchase (like defective implants), the discovery rule may extend the deadline from when you knew or should have known the product caused your harm. Contact an attorney promptly to confirm your specific deadline.