When a defective product causes death, surviving family members can pursue wrongful death claims against manufacturers, designers, distributors, and retailers. Product liability wrongful death cases rest on the principle that companies must bear responsibility when their products kill consumers, regardless of whether the companies intended harm.

Types of Product Defects

Product liability claims arise from three categories of defects:

Design Defects

A design defect exists when a product's fundamental design is unreasonably dangerous—the problem affects every unit produced:

  • SUVs with high rollover tendencies
  • Machinery lacking essential safety guards
  • Medications with dangerous side effects that outweigh benefits
  • Airbags that deploy with excessive force

Manufacturing Defects

A manufacturing defect occurs when an error during production makes a specific unit dangerous while other units are safe:

  • Contaminated food or medication
  • Improperly assembled components
  • Substandard materials substituted during production
  • Quality control failures

Warning Defects (Failure to Warn)

A failure to warn claim arises when products lack adequate warnings or instructions about known dangers:

  • Medications without warnings about dangerous side effects
  • Equipment without proper safety instructions
  • Products without hazard warnings

Legal Theories in Product Wrongful Death

Strict Liability

Under strict liability, plaintiffs need not prove the manufacturer was negligent—only that:

  • The product was defective
  • The defect made it unreasonably dangerous
  • The defect caused the death
  • The product was being used as intended (or foreseeable misuse)

Strict liability makes it easier for plaintiffs to prevail because they don't need to show what the manufacturer knew or should have known.

Negligence

Negligence-based claims require proving the defendant failed to exercise reasonable care in designing, manufacturing, or warning about the product. This may be necessary when strict liability doesn't apply.

Breach of Warranty

Products come with implied warranties that they're safe for intended use. When products breach these warranties and cause death, warranty claims may apply.

Common Fatal Product Categories

Automotive Products

  • Defective airbags – Takata airbags that explode, sending shrapnel into occupants
  • Faulty ignition switches – GM switches that cut power during driving
  • Rollover-prone vehicles – SUVs with design stability problems
  • Defective tires – Tread separation and blowouts
  • Brake system failures

Medical Devices

  • Hip implants that fail prematurely
  • Heart devices that malfunction
  • Surgical mesh causing infections
  • Defective IVC filters

Pharmaceutical Products

  • Drugs with undisclosed fatal side effects
  • Contaminated medications
  • Drug interactions not adequately warned about

Consumer Products

  • Furniture that tips over on children
  • Defective power tools
  • Dangerous children's products
  • Household appliances causing fires or electrocution

Industrial Equipment

  • Machinery lacking safety guards
  • Defective forklifts and construction equipment
  • Inadequate safety interlocks

Who Can Be Held Liable

Manufacturers

The company that designed and built the product is the primary defendant. This includes:

  • The final product manufacturer
  • Component part manufacturers
  • Raw material suppliers (in some cases)

Distributors and Retailers

Companies in the distribution chain can also be liable:

  • Wholesalers and distributors
  • Retailers who sold the product

Holding the entire distribution chain liable ensures someone can pay even if the manufacturer is bankrupt or foreign.

Proving Causation

Plaintiffs must prove the defect caused the death—not merely that the product was defective and the person died. This requires:

  • Evidence the product was actually defective
  • Expert testimony connecting the defect to the fatal injury
  • Ruling out other potential causes

Evidence Preservation

Preserving the defective product is essential. If the product is lost, destroyed, or repaired, proving the defect becomes much harder. Steps include:

  • Securing the product immediately after the incident
  • Photographing and documenting the product thoroughly
  • Sending preservation letters to defendants
  • Having experts examine the product before any testing destroys evidence

Mass Torts and Class Actions

When products cause multiple deaths, claims may be consolidated:

  • Multidistrict litigation (MDL) – Federal cases consolidated for pretrial proceedings
  • Class actions – Representative plaintiffs sue on behalf of all victims
  • Mass tort settlements – Global resolutions covering all claims

These consolidated proceedings can benefit plaintiffs through shared resources and evidence, though individual case values may be affected by group dynamics.

Damages in Product Wrongful Death

Product liability wrongful death damages include:

  • Full wrongful death damages – Lost income, companionship, services
  • Survival claim damages – The deceased's pain and suffering before death
  • Punitive damages – Often available when companies knowingly sold dangerous products

Punitive damages can be substantial in product cases when evidence shows companies knew of defects but continued selling dangerous products for profit.

Regulatory Actions

Federal agencies regulate product safety:

  • FDA – Drugs and medical devices
  • NHTSA – Motor vehicles
  • CPSC – Consumer products

Recalls, warning letters, and regulatory actions can provide evidence of product dangers, though regulatory approval doesn't immunize manufacturers from liability.

Statute of Repose

Many states impose statutes of repose that bar product claims after a certain number of years from the product's sale—regardless of when the death occurred. These absolute deadlines can bar valid claims involving older products.

Conclusion

Defective products that kill consumers represent a failure of corporate responsibility. Wrongful death lawsuits hold manufacturers accountable, compensate grieving families, and create incentives for safer product design.

If your loved one died from what you believe was a defective product, consult a product liability attorney immediately. Preserving evidence and meeting statutory deadlines is essential, and these complex cases require attorneys with specific experience in product litigation.