How to Know If You Have a Defective Product Claim

If you think you might have been harmed as the result of interacting with a defective product, it’s important that you understand the details of how these claims work. Product liability claims operate under specific legal frameworks that differ fairly significantly from typical negligence cases. 

The 3 Types of Product Defects

Product liability law recognizes three distinct categories of defects, and identifying which type applies to your situation is the first step in evaluating whether you have a valid claim.

• Design defects exist when the product’s design itself is inherently dangerous, even if manufactured perfectly according to specifications. The problem isn’t that something went wrong during production – it’s that the product was conceived in a way that makes it unreasonably dangerous. A classic example might be a vehicle that’s prone to rolling over due to its high center of gravity, or a power tool without adequate safety guards. 
• Manufacturing defects occur when something goes wrong during the production process, resulting in a product that doesn’t match its intended design. Perhaps a batch of medications got contaminated during production, or a critical component was installed incorrectly on one production run. These defects typically affect only some units rather than all products of that type.
• Marketing defects, also called “failure to warn,” involve inadequate instructions or warnings about a product’s proper use or potential dangers. The product itself might be fine, but if the manufacturer didn’t provide sufficient guidance about safe operation or didn’t warn about non-obvious hazards, they can be held liable for resulting injuries. 

Proving the Product Was Defective

Having a defect isn’t enough on its own. You also need to demonstrate that the defect actually existed. This might seem obvious if you still have the product and can point to the problem, but product liability cases sometimes involve items that were destroyed in the incident, making proof more challenging.

Preserving the product and any related materials is crucial if possible. Don’t throw away the defective item, its packaging, or any instructions that came with it. These physical items serve as evidence and allow experts to examine exactly what went wrong. If the product was destroyed – for instance, if a defective battery caused a fire that consumed the device – document everything you can through photographs, receipts, and written descriptions of what happened.

Establishing Causation

Even with a proven defect, you must show that this defect directly caused your injury or property damage. Causation can be straightforward in some cases – if a ladder rung breaks and you fall – but becomes more complex when multiple factors might have contributed to the harm.

The legal standard typically requires showing that the defect was a substantial factor in causing your injury. It doesn’t need to be the only cause, but there must be a clear connection between the defect and the harm you suffered. 

Timing also matters for establishing causation. If you used a product for years without incident and then suddenly got injured, you might face questions about whether normal wear and tear, rather than a defect, caused the failure. On the opposite end of the spectrum, if a brand-new product fails immediately during normal use, causation is usually more apparent.

Demonstrating Actual Damages

Product liability law exists to compensate people for genuine harm, not to punish manufacturers for making imperfect products that didn’t actually hurt anyone. You need to show that you suffered real, compensable damages as a result of the defect.

Personal injury damages might include medical expenses for treatment you’ve already received and ongoing care you’ll need in the future. Lost wages from time off work, reduced earning capacity if the injury affects your ability to work long-term, and pain and suffering are all potentially recoverable. 

Who Can Be Held Liable?

Product liability claims can be brought against multiple parties in the chain of distribution, which is important because it gives you options if one party is insolvent or difficult to locate.

The manufacturer is the most obvious defendant and often the primary target of claims. This includes the company that designed the product, the entity that actually manufactured it, and the brand name company that markets it, even if they contracted out the actual production. For complex products with multiple component parts, the manufacturer of a defective component can be liable, even if they didn’t make the finished product.

When to Seek Legal Guidance

Product liability cases involve complex legal and technical issues that make them challenging to pursue without professional help. If you’re dealing with serious injuries, significant property damage, or a product defect that might have harmed others, consulting with an attorney who specializes in product liability is worthwhile.

These cases often require substantial upfront investment in expert witnesses, product testing, and investigation. Most product liability attorneys work on contingency fee arrangements, meaning they get paid a percentage of any recovery rather than charging hourly fees. 

Adding it All Up

Not every product-related injury creates legal liability – sometimes accidents happen even with well-designed, properly manufactured products used correctly. However, when a defective product causes significant harm, product liability law is there to protect you. Know your rights and speak with an attorney if you need assistance.