Understanding Product Liability & Defective Product Claims

A defective product is one that causes damage or injury because of an inherent manufacturing issue or a labeling error. Purchasing a defective product can lead to serious injury or death. A person may receive monetary damages from a manufacturer and other involved parties if, while using the product properly, he or she is caused bodily harm. Liable parties may include the retailer, the distributor, the manufacturer, and the supplier.

Some common subjects of product liability lawsuits include brakes, airbags, drugs, and childcare products. The products are usually very dangerous if misused. If a sizable population finds a defect in the product, a class action lawsuit may be possible.

A product defect falls into one of three categories: design, manufacturing, or marketing. You should consult legal advice to determine which type of defect your product exhibits. A defect in design means that the product is inherently unsafe; even if built exactly as intended, it could lead to injury. In this case, the designer should have seen the risk possibility and redesigned the product to be safer.

A manufacturing defect implies that the product should be safe, but a particular item was improperly built or made with incorrect materials. These defects are unintended, and are the result of negligence by the manufacturer. Often, the manufacturer neglected quality control.

An injury due to marketing defect occurs when a manufacturer does not provide clear or complete instructions for the product's use, or neglects to include a warning of possible danger. A manufacturer is required to provide proper instructions for a product's use, as well as provide a warning for possible danger.


In extreme cases, a defective product may lead to death, which can instigate a wrongful death suit by the victim's survivors. The manufacturer can be subject to punishments both for wrongful death, and for violating the laws of product liability. A survivor in a wrongful death case is often subject to the same damages as a living injured plaintiff.


State laws protect consumers by allowing compensation for injury caused by defective products. Damages may be awarded for medical expenses, lost wages, and pain and suffering, as well as other expenses. Some cases may even result in punitive damages as a punishment for the manufacturer. Consulting a personal injury attorney can help you determine which damages you may be eligible to receive.