When you buy a product, such as a household appliance, car part, medication, or tool, you expect it to work as intended, and to be reasonably safe. But when a product malfunctions and causes a personal injury, the aftermath can be devastating. From physical injuries to financial strain, the consequences are often far more serious than most consumers anticipate.
In these situations, a products liability claim allows injured consumers to hold manufacturers, distributors, or retailers accountable for the harm caused by defective or dangerous products. However, like most areas of personal injury law, successfully pursuing one of these claims requires meeting specific legal standards.
So, what does it actually take to win a products liability case?
The First Step: Hire the Right Attorney
Before diving into the legal requirements, it’s important to start with a key reality: these cases are complex. Products liability lawsuits often pit individuals against large corporations with deep pockets and aggressive legal teams.
Hiring a lawyer with experience handling defective product cases is one of the most important steps you can take. This is a niche that demands knowledge of product design, manufacturing processes, industry regulations, and how to work with technical experts who can support your case.
An experienced attorney knows how to gather critical evidence, work with engineers or industry specialists, and navigate the complex legal hurdles that these cases present. Without that guidance, it’s far too easy for a legitimate claim to get buried under legal defenses or procedural missteps.
Understanding the Basics: What Makes a Product Defective?
To succeed in a products liability claim, you need to prove that the product was defective in a way that made it unreasonably dangerous when used as intended, or even when used in a reasonably foreseeable manner.
There are generally three types of defects that form the basis of these claims. First are design defects, which occur when a product is inherently dangerous due to flawed design. For example, a power tool without a proper safety guard could qualify as a design defect.
Next are manufacturing defects, where the product’s design is safe, but something went wrong during production. A batch of brake pads that are missing key components, leading to failure, would fall into this category.
The third category is marketing defects, sometimes referred to as failure to warn. This applies when a company fails to provide adequate instructions or warnings about the product’s risks. An example would be a medication that doesn’t include warnings about dangerous side effects.
Proving the Core Elements of a Claim
At the heart of every successful products liability case are a few key elements that must be proven.
First, you need to show that the product was indeed defective. This often requires expert testimony, inspection of the product, and sometimes analysis of the entire product line to determine whether the issue was a one-time manufacturing error or a flaw in the overall design.
Next, there must be a direct causal link between the defect and your injury. It’s not enough to show that the product was defective; you have to demonstrate that the defect is what caused your injury.
Finally, the product must have been used in a reasonably foreseeable way. If someone misuses a product in a way that no manufacturer could reasonably anticipate, the company may not be liable.
Gathering and Preserving Evidence
One of the biggest challenges in products liability cases is preserving the defective product itself. If possible, the product should be kept exactly as it was at the time of the accident. Altering it, repairing it, or disposing of it can severely weaken your case. Your attorney will likely involve expert witnesses who can inspect the product, evaluate its condition, and provide technical reports that explain how the defect led to the injury.
You should also work to gather and preserve medical records, photographs of injuries or the product, maintenance records, user manuals, and even communication with the manufacturer if you reported a problem prior to the incident.
Compensation in Products Liability Cases
A successful claim can result in compensation for a wide range of damages. This includes medical bills, future medical expenses, lost wages, reduced earning capacity, and pain and suffering. In rare cases, if you can show that a company acted with gross negligence, such as knowingly selling a dangerous product, punitive damages may also be awarded.
Establishing a Liability Claim
Products liability cases are some of the most technical and challenging personal injury lawsuits, but they are also essential for holding manufacturers accountable and keeping consumers safe. If you’ve been injured by a defective product, consulting with an experienced attorney is the first and most important step. With the right legal strategy, you can fight for fair compensation and help ensure that others aren’t harmed by the same dangerous product in the future.
A professional writer with over a decade of incessant writing skills. Her topics of interest and expertise range from health, nutrition and psychology.
