Product Liability is an attorney who handles product liability cases helps those who are injured from products that are defective or unsafe. They sue manufacturers, distributors or stores to receive money for medical bills, lost income and pain. These cases generally rest on design defects, manufacturing errors or absent warnings.
In the United States, millions of people are harmed by bad products each year. These attorneys ensure that companies are held accountable and consumers receive proper restitution. Under strict liability doctrines, the injured person does not have to prove that the company was negligent — just that there is a flaw in their product and they suffered as a result.
What Is Product Liability Law ?
Product liability law allows people to file a claim when a product is unreasonably dangerous because of:
1. Design defects – The product is unsafe from the start because of a bad design.
2. Manufacturing defects – The product was made incorrectly or differs from its intended design.
3. Marketing defects – Missing instructions, warnings, or safety labels.
Strict liability applies, meaning the injured person only has to show:
- The product reached them without major changes.
- It had a defect.
- That defect caused the injury during normal or expected use.
Anyone in the supply chain can be sued—manufacturers, sellers, importers, and distributors.
Common defenses include product misuse, product alteration, or claiming the risk was unavoidable under the “state of the art” at the time. Some states also limit punitive damages, like Indiana’s rule of up to three times the compensatory damages.
Common Types of Product Liability Cases
Defects can occur in many everyday items:
- Design defects affect all units, such as unstable furniture that tips over.
- Manufacturing defects affect specific batches, such as contaminated baby formula.
Examples of major cases include:
- Medical devices: Philips CPAP machines had foam that broke down, leading to health risks. Settlements reached $1.1 billion.
- Vehicles: Takata airbags exploded because of faulty chemicals, resulting in a $1 billion penalty.
- Household products: IKEA Malm dressers tipped over and caused injuries, leading to a $46 million payout.
- Drugs and tools: Exploding gas cans or rifles that fire unexpectedly.
One famous case is the McDonald’s hot coffee lawsuit, where coffee served at 190°F caused severe burns. The case highlighted missing warnings and led to a major settlement.
Roles and Responsibilities of Product Liability Lawyers
These lawyers start by investigating the claim:
- They collect the product, take photos, and record details.
- They identify who in the supply chain may be responsible.
- They work with experts like engineers or medical specialists to prove the defect.
They also negotiate with insurance companies and prepare legal documents.
If the case goes to trial, they present evidence, bring in expert witnesses, and demonstrate how the product failed. Even after winning, they may need to handle appeals or collection issues.
Step-by-Step Claims Process
- After the injury: Keep the product safe and store all receipts and documents.
- Document everything: Photos of injuries, the product, and purchase information help your case.
- Consult a lawyer: Most offer free consultations and work on contingency (no upfront cost).
- Filing the complaint: The lawyer files the case before the deadline.
- Discovery phase: Both sides exchange evidence, take depositions, and review company documents.
- Settlement or trial: Many cases settle, but some go to trial and take months or years.
Statutes of Limitations by State
Each state gives you a time limit to file a case, usually 2–4 years from the injury or discovery of the defect. Some states also have a “repose period,” which gives an absolute deadline starting from the product’s sale.
| State | Injury Limit | Repose Period |
| California | 2 years | 10 years from sale |
| Texas | 2 years | None specified |
| New York | 3 years | 10 years from manufacture |
| Florida | 4 years | 12 years from delivery |
| Indiana | 2 years | 10 years |
If you miss the deadline, you lose the right to file a case. For minors, the clock often pauses until they turn 18.
Average Settlements and Verdicts
- The national median settlement is $2.4 million.
- Transportation-related cases average around $3 million.
- Industrial and medical product cases often average over $1 million.
Factors that affect settlement value include:
- How severe the injury is
- The number of people harmed
- Whether the company acted recklessly
Smaller cities, such as Tulsa, often range from $75,000 to $500,000, but some cases result in extremely high awards, like $63 million for severe product defects.
How to Hire the Right Product Liability Lawyer
Look for a lawyer who specializes in this type of case. Check their experience, especially with defects similar to yours—whether medical devices, auto defects, or household products.
During a free consultation, ask:
- How many similar cases they handle
- Their strategy for your case
- What experts they work with
- Their trial experience
Make sure they are licensed, have good reviews, and communicate clearly throughout the process.
Costs: Understanding Contingency Fees
Most lawyers work on a contingency fee, usually 33–40% of the money recovered. You pay nothing upfront.
Lawyers often cover case expenses, like expert testing, which can cost over $50,000. Fees are usually deducted after medical liens or other costs are paid.
Key Defenses and How Lawyers Respond
Companies often argue that:
- The product had no defect
- The user misused the product
- The warnings were enough
Lawyers counter these claims by showing test results, industry standards, user manuals, and expert opinions. If the company says the consumer knew the risk, the lawyer must prove otherwise.
Myths About Product Liability Cases
Myth: Only big companies pay large settlements.
Fact: Small companies settle too.
Myth: User error always wins.
Fact: Strong evidence can prove it was a defect.
Myth: These lawsuits ruin businesses.
Fact: Most companies have insurance for such claims.
Slip & Fall Lawyers: Don’t File a Claim Until You Read This!
Impact on Consumers and Industry
Product liability cases make the market safer. Successful lawsuits force companies to redesign unsafe products and issue recalls. For example, the Takata airbag cases led to major safety changes in the auto industry.
FAQs
What does a product liability lawyer do?
They investigate defective products, work with experts, negotiate with insurance companies, and take the case to trial if needed.
How much are product liability settlements?
The median is around $2.4 million, but it varies based on injury and evidence.
Who can be sued?
Manufacturers, distributors, importers, and retailers.
What is the time limit to sue?
Usually 2–4 years, but it depends on the state.
Do I need the product to sue?
Yes, you should keep it. Lawyers need it to prove the defect.
