Product Liability Claims: How to Sue When a Defective Product Injures You

The Consumer Product Safety Commission reports approximately 12.4 million product-related injuries annually that require emergency room treatment. From defective airbags (Takata, 67 million vehicles recalled) to dangerous medications (Vioxx, linked to 27,000 heart attacks) and faulty appliances, product liability law holds manufacturers, distributors, and retailers accountable when their products cause harm. One of the most powerful aspects of product liability law is the doctrine of strict liability — you don't need to prove the manufacturer was negligent, only that the product was defective and caused your injury.

Three Types of Product Defects

• Manufacturing Defect

  The product design was sound but something went wrong during production — a car brake pad that wasn't assembled correctly, a drug with incorrect dosage due to manufacturing error. Only some units are affected. Proving a manufacturing defect requires showing the specific unit deviated from the intended design.

• Design Defect

  Every unit of the product is inherently dangerous because of how it was designed. The Ford Pinto's fuel tank placement and the original Jeep CJ's rollover tendency are classic examples. Plaintiffs must show either a consumer expectation test (the product performed more dangerously than an ordinary consumer would expect) or a risk-utility test (risks outweigh benefits).

• Failure to Warn (Marketing Defect)

  The product was properly made and designed but lacked adequate warnings or instructions about known risks. Pharmaceutical companies are especially vulnerable — failure to adequately warn about drug side effects is the basis for thousands of mass tort litigations annually. The warning must be prominent, specific, and understandable.

Preserve the product and all packaging in its post-incident state — do not repair it, return it to the store, or throw it away. The defective product itself is the most important evidence in your case. Photograph your injuries and the product from multiple angles. Seek medical attention and follow through with all recommended treatment. Report the incident to the CPSC at SaferProducts.gov. Search for recalls on the CPSC website and NHTSA database (for vehicle components) — existing recalls dramatically strengthen your case and may make you eligible for a class action lawsuit.

Class action product liability lawsuits allow multiple injured parties to combine their claims against a manufacturer, making litigation economically viable even for smaller individual damages. Mass tort cases, where plaintiffs file individually but cases are coordinated by a judge in multidistrict litigation (MDL), are common for pharmaceutical injuries. In class actions, individual plaintiffs typically receive smaller shares of a large settlement fund. In mass torts, each plaintiff's individual damages are assessed separately — making total recovery significantly higher for those with serious injuries. Consult a product liability attorney to determine which litigation structure best serves your situation.