What is a product liability claim?

A product liability claim is a claim brought against the manufacturer, seller or others involved in the chain of distribution of a product that contains a defect that has harmed you or others. Three types of defects commonly give rise to a product liability claim:

  • Design defects The product was designed in a way that makes it dangerous when used as intended.
  • Manufacturing defects Even though the product’s design is not flawed, it was made in a way that makes it dangerous when used.
  • Labeling defect When a product is allowed to get into consumer’s hands without proper instructions on how to use it safely or without adequate warnings about risks that can arise when using the product.

In some cases, a product may contain one or more of these defects. Often, an issue that arises in these cases is proving that the defect exists and that it caused a person’s harm rather than some other cause. Experts typically are needed to establish causation.

Product liability litigation can be complicated, expensive and time-consuming. For this reason, it is important to work with a law firm that has experience in this area of the law as well as the resources to take on the case.