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Personal Injury

What is Product Liability?

Legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective products. Claims may be based on design defects, manufacturing defects, or inadequate warnings.

Understanding Product Liability

Product liability can be based on negligence, strict liability, or breach of warranty. Strict liability allows plaintiffs to recover without proving the manufacturer was negligent. The product must be defective and unreasonably dangerous.

Examples

  • 1Airbags that fail to deploy properly
  • 2Contaminated food products causing illness
  • 3Power tools lacking adequate safety guards

Why This Matters in Legal Cases

Product liability cases often involve well-funded corporate defendants, making them both high-stakes and resource-intensive. The key advantage for plaintiffs is that strict liability applies in many states, meaning you do not need to prove the manufacturer was negligent—only that the product was defective and caused harm. These cases can also lead to recalls and safety improvements that protect the public.

Explaining to Clients

Advise clients to preserve the defective product and all packaging, receipts, and documentation. Explain the three types of product defects: design defects (the product was inherently unsafe), manufacturing defects (something went wrong during production), and marketing defects (inadequate warnings or instructions). Preservation of evidence is critical—do not let the product be repaired, altered, or discarded.

Frequently Asked Questions

Who can be held liable in a product liability case?

Anyone in the chain of distribution can be liable: the manufacturer, a component parts maker, the wholesaler or distributor, and the retail seller. This broad liability ensures that injured consumers can find a solvent defendant even if the manufacturer is a foreign company or has gone out of business.

What is the difference between a design defect and a manufacturing defect?

A design defect means every product made to the design specifications is inherently dangerous (like a car model prone to rollovers). A manufacturing defect means the design was fine, but something went wrong during production of the specific product that caused the injury (like a batch of tires with substandard rubber).

Do I need to prove the company was negligent in a product liability case?

In most states, no. Under strict liability, you only need to prove the product was defective and unreasonably dangerous, and that the defect caused your injury. This is significantly easier than proving negligence, though some states still require a negligence showing for certain types of claims.

Sources

Related Terms

Strict Liability

Legal responsibility for damages regardless of fault or intent, commonly applied in defective product cases and certain dangerous activities.

Personal Injury

A legal term for an injury to the body, mind, or emotions, as opposed to damage to property. Personal injury claims are typically brought in civil court to recover compensation for harm caused by another party's negligence or intentional misconduct.

Negligence

The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.

Damages

Monetary compensation awarded to a person injured through the wrongful conduct of another party. Damages are intended to restore the injured party to the position they were in before the injury occurred.

Liability

Legal responsibility for one's actions or omissions. When a person or entity is found liable, they are legally obligated to compensate the injured party for their losses.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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