1-800-898-2034 Contact Us

Product Liability

Product liability is a broad area of law that holds the manufacturer, distributor, and/or retailer liable for defective products that injure or kill a consumer or cause property damage.

Product Liability

|

Attorneys

News

Auto Products

Ultra Processed Foods

Video Game Addiction

Navigating Product Liability Claims

Product liability lawsuits can be complex and time-consuming. For over 45 years, Beasley Allen’s attorneys have represented plaintiffs in a wide range of product liability cases. 

The U.S. Consumer Product Safety Commission (CPSC) estimates that defective products cause injuries, deaths, and property damage costing over $700 billion each year. Many of these incidents could be prevented if companies ensured their products were properly designed, manufactured, and marketed.

At Beasley Allen, we are dedicated to consumer safety and rights. We are committed to helping those harmed by defective products or unjust actions. Our attorneys work tirelessly to achieve just settlements or judgments for our clients. Our goal? To put ourselves out of business. By holding wrongdoers accountable, we strive to create a safer world for everyone.

 Do I Have a Product Liability Case?

If you’ve been harmed by a product (excluding misuse), you can file a product liability claim for design defects, manufacturing defects, or failure to warn. Most claims come from three main industries: Transportation, Industrial, and Consumer Goods.

Not sure if you have a valid product claim? Our quick and easy checklist can help you determine whether your situation may qualify for legal action.

  • Were you or a loved one injured while using a product as intended?
  • Was the product defective in design, manufacturing, or labeling (e.g., missing warnings)?
  • Did the injury result in medical treatment, lost wages, or other damages?
  • Was the product purchased within the last few years?
  • Do you still have the product or proof of purchase?

You may have a valid claim if you answered “Yes” to two or more of these questions. Submit your answers for a free case evaluation.

Understanding Elements of Product Claims

When it comes to the products we use every day, safety is a top priority. However, sometimes products can be dangerous due to defects. There are three main types of defects that can make a product unsafe.

Design Defects

Design defects are issues that exist from the very beginning, even before the product is made. These problems are inherent in the product’s design, making it unsafe. For example, if a car model is designed with a fuel tank prone to explosion upon impact, this is a design defect. 

Manufacturing Defects

Manufacturing defects occur during the production process. Even if the design is safe, mistakes made while making the product can result in a faulty item. For instance, if a batch of baby strollers is produced with a defective brake system due to a manufacturing error, this is a manufacturing defect. These defects can vary widely and may only affect certain batches of products.

Marketing Defects

Marketing defects involve problems with how a product is sold, including inadequate instructions or warnings. If a product does not come with proper usage instructions or fails to warn you about potential risks, it can be dangerous. For example, if a medication does not include warnings about possible side effects, this is a marketing defect. 

Different Defective Product Lawsuits

If you’ve been hurt by a product, knowing the type of claim to file can make a big difference. In the U.S., most product liability cases fall into three main categories: negligence, strict liability, and breach of warranty. 

Negligence

Negligence claims in product liability cases happen when a company doesn’t take proper care in making or selling a product, and someone gets hurt because of it. This could mean the product was poorly designed, badly made, or didn’t come with enough warnings or instructions. 

Strict Liability

Strict liability is different. Here, it doesn’t matter how careful the manufacturer was. If the product is defective and caused your injury, they’re liable. However, strict liability usually doesn’t apply to second-hand products, like those bought at a yard sale.

Breach of Warranty

Warranties are promises about a product’s safety. There are two types:

  • Express Warranty: Written guarantees, like those in manuals or ads.
  • Implied Warranty: Unwritten promises that the product is safe for its intended use.

If a product fails to meet these promises and causes injury, you can claim a breach of warranty. This can apply to both written and implied guarantees.

Related News

Free Case Evaluation

Since 1979, Beasley Allen has been committed to “helping those who need it most.” Our attorneys have helped thousands of clients get the justice they desperately needed and deserved. You pay us nothing if we do not win for you. Contact us today for a free case evaluation.

For Disclaimers, see our Terms of Use.

Free Case Evaluation Full - Updated

"*" indicates required fields

This field is for validation purposes and should be left unchanged.