Personal Injury · Haute Lawyer Network
What Is a Product Liability Claim?
Last reviewed: June 2026
Product liability is the area of law that holds manufacturers, distributors, and sellers legally responsible for injuries caused by defective or dangerous products. Unlike ordinary negligence cases, product liability claims can be brought under strict liability — meaning the plaintiff does not have to prove the defendant was negligent, only that the product was defective and caused the injury.
There are three types of product defects: design defects — the product's design is inherently unsafe even when manufactured correctly; manufacturing defects — a specific product deviated from its intended design during production; and marketing defects — inadequate warnings or instructions that failed to alert users to non-obvious dangers.
Products that can give rise to liability include consumer goods, vehicles, medical devices, pharmaceuticals, and industrial equipment.
Frequently Asked Questions
Do I need to keep the defective product?
Yes — preserve the product and all original packaging. Destroying or losing the evidence can severely damage or bar your claim.
Can I sue if I was using the product in an unintended way?
Foreseeable misuse — using a product in a way that is predictably common even if not intended — may still support a claim.
Who can I sue in a product liability case?
The manufacturer, distributor, wholesaler, and retailer — all parties in the chain of distribution may be liable.
What if the product was recalled after I was injured?
A recall after your injury can actually strengthen your claim — it shows the defendant knew or should have known about the danger.
What is the statute of limitations for a product liability claim?
Typically 2-3 years from the date of injury, though the discovery rule may apply for injuries with delayed manifestation.
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