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Product Liability FAQ
What is product liability?
Product liability holds manufacturers, distributors, and retailers responsible for injuries caused by defective products. Unlike negligence, it often applies strict liability - you don't need to prove the company was careless.
What are the types of product defects?
Manufacturing defects (production errors), design defects (inherently unsafe design), and failure to warn (missing warnings/instructions). Design defects typically result in higher settlements.
Who can I sue for a defective product?
You can potentially sue the manufacturer, distributor, retailer, or any party in the chain of distribution. All may be held liable under joint and several liability.
How do recalls affect my case?
A product recall strengthens your case significantly. It demonstrates the manufacturer acknowledged the defect. You can file even if injured before the recall.
What is the statute of limitations?
Most states allow 2-4 years from injury. Some have "statute of repose" limiting claims after a certain time from sale, regardless of when injury occurred.
Do I need to keep the defective product?
Yes, preserve the product as evidence if possible. Take photos, keep packaging, receipts, and any communications with the manufacturer.
What damages can I recover?
Medical expenses, lost wages, pain and suffering, property damage, and in egregious cases, punitive damages to punish the manufacturer.
Are class action lawsuits better?
Individual lawsuits often yield higher settlements. Class actions may be appropriate for widespread defects with many victims but limited individual damages.
What if I modified the product?
Modifications may reduce or eliminate liability depending on whether they contributed to the injury. Normal wear and foreseeable misuse typically don't bar claims.
How long do product liability cases take?
Simple cases may settle in months; complex cases involving major manufacturers can take 2-5 years, especially if they go to trial or involve mass litigation.
Based on CPSC Annual Report 2026, FDA MAUDE Database, NHTSA Vehicle Defect Data, and DOJ Product Liability Statistics