When consumers are injured by defective products, product liability law provides avenues for pursuing compensation from manufacturers, distributors, and sellers who placed dangerous items into the marketplace. Unlike negligence claims that require proving the defendant acted carelessly, product liability cases may proceed under strict liability theories that focus on the product itself rather than the manufacturer's conduct.
The Foundation of Product Liability Law
Product liability law developed from the recognition that consumers lack the ability to inspect and verify the safety of complex products before purchasing them. They must rely on manufacturers to design, produce, and market safe products. When this trust is betrayed and defective products cause injury, the legal system provides remedies that hold responsible parties accountable while incentivizing safety throughout the production and distribution chain.
Modern product liability encompasses three primary theories of recovery: design defects, manufacturing defects, and failure to warn. Understanding which theory applies to a particular case shapes the evidence needed and the defendants who may be held liable. Many cases involve multiple theories, strengthening the plaintiff's position and providing alternative paths to recovery.
Who Bears Responsibility
Product liability law casts a wide net over the distribution chain. The original manufacturer who designed and produced the product typically bears primary responsibility, but liability may also extend to component part manufacturers whose defective parts contributed to the failure. Distributors and wholesalers who moved the product through the supply chain may face claims, as may retailers who sold the defective item directly to consumers.
This broad liability ensures that injured consumers have viable defendants to pursue even when the original manufacturer is located overseas, has limited assets, or has gone out of business. Any entity that profited from placing the defective product into the stream of commerce may be held responsible for injuries that product causes.
Strict Liability Versus Negligence
Product liability claims may proceed under strict liability, which focuses on whether the product was defective regardless of how careful the manufacturer was during production. Under strict liability, a plaintiff need not prove the manufacturer acted negligently—only that the product was defective when it left the manufacturer's control and that the defect caused injury.
Negligence claims offer an alternative or supplemental theory, requiring proof that the manufacturer failed to exercise reasonable care in designing, manufacturing, or marketing the product. While more demanding than strict liability, negligence claims may be necessary in jurisdictions that limit strict liability or may support additional damages.
Proving Your Product Liability Case
Regardless of legal theory, product liability plaintiffs must establish that the product was defective, that the defect existed when the product left the defendant's control, that the defect caused their injury, and that they suffered actual damages. Physical evidence—particularly the defective product itself—often proves crucial. Expert witnesses including engineers, medical professionals, and industry specialists typically provide essential testimony explaining how the product failed and why that failure caused the plaintiff's injuries.
Compensation in Product Liability Cases
Damages in product liability cases typically include medical expenses, lost wages, pain and suffering, and compensation for permanent injuries or disabilities. In cases involving particularly egregious conduct—where manufacturers knew about dangers but continued selling products to maximize profits—punitive damages may be available to punish the defendant and deter similar behavior. Consulting with an experienced product liability attorney helps injured consumers understand their options and pursue appropriate compensation.