The Process of a Product Liability Claim Explained [2026 Guide]

Understanding Product Liability Law

Product liability refers to the legal responsibility of parties involved in the production, design, marketing, and sale of a product for any harm or injury caused by their products.

These parties often include manufacturers, distributors, and retailers.

Product liability law requires that products meet certain quality and safety standards to protect consumers from harm.

These laws protect consumers from unsafe products and ensure they have legal recourse when harmed.

Product liability claims arise when a defect in a product leads to an injury or damage to the consumer or their property.

Types of Harm Covered Under Product Liability

The harm caused by defective products can range from physical injury to financial losses and even death in extreme cases.

Products liability law recognizes various types of harm that consumers may suffer due to a defect.

Types of harm includes:

• Physical Injuries: This damage includes any bodily harm caused by product defects, such as broken bones, burns, cuts, or internal injuries. For example, an exploding battery in a smartphone could cause burns, or a faulty brake system in a car could result in accidents and injuries.
• Emotional Distress: In some cases, the emotional impact of a defective product can be significant. An individual who suffers from anxiety or trauma after using a dangerous product may be entitled to damages for their distress.
• Financial Losses: These can include lost wages due to injury, medical bills, and costs associated with repairing or replacing damaged property. If a product fails and causes a consumer to miss work or incur significant medical expenses, they may seek compensation for those losses.
• Death: In cases where the defect leads to fatal injuries, product liability claims can involve wrongful death lawsuits. These cases often involve severe defects, such as a faulty airbag that fails to deploy in an accident or a dangerous drug that leads to fatal reactions.

Product liability claims provide a mechanism for consumers to seek compensation for these harms and hold manufacturers, distributors, and retailers accountable for their products.

Foundational Legal Theories in Product Liability

Product liability law operates based on three primary legal theories.

Legal theories include:

• Negligence: Failure to exercise reasonable care
• Strict liability: No need to prove fault
• Breach of warranty: Violation of promises or guarantees

Negligence: Failure To Exercise Reasonable Care

Negligence claims arise when a manufacturer, distributor, or retailer fails to exercise reasonable care in a product’s design, production, or marketing.

This fault could include:

• Inadequate Testing: If the manufacturer fails to test a product properly or ignores known risks, they may be deemed negligent.
• Failure To Warn: If the company does not provide proper safety warnings or instructions, it could lead to negligence claims.
• Defective Manufacturing Processes: A defect could also stem from poor manufacturing practices, such as using substandard materials or cutting corners during production, resulting in a product that fails to meet safety standards.

To prove negligence, the plaintiff (the injured party) must show that the manufacturer or seller owed a duty of care, breached that duty, and caused harm.

Strict Liability: No Need To Prove Fault

Strict liability simplifies the process for injured consumers by removing the need to prove negligence or fault.

Under strict product liability laws, the manufacturer or seller is responsible for defects that cause harm, regardless of whether they were negligent or acted intentionally.

The critical elements in strict liability claims are:

• Defective Product: The product must be defectively designed, manufactured, or marketed.
• Injury or Damage: The defect must have caused injury or damage to the consumer.
• No-Fault Requirement: The plaintiff does not need to prove that the manufacturer or seller was negligent or careless — only that the defect exists and resulted in harm.

To prove strict product liability, some courts use two different tests: the Consumer Expectations Test and the Risk-Utility Test.

1. Consumer Expectations Test: The consumer expectation test asks whether a reasonable person using the product as intended would have expected it to be safe. This test is based on what an ordinary consumer would reasonably expect from similar products.
2. Risk-Utility Test: The risk-utility test evaluates whether the risk of harm outweighs the utility or usefulness of the product. It considers factors such as alternative designs, cost and feasibility of making a safer product, and how necessary the product is in society.

Breach of Warranty: Violation of Promises or Guarantees

A breach of warranty occurs when a product fails to meet the expectations the manufacturer or seller sets.

Warranties can be either express or implied:

• Express Warranty: Express warranties are specific promises made by the manufacturer about the product’s performance or quality.
• Implied Warranty: An implied warranty is not explicitly stated but is automatically assumed during the sale of a product.

The two types of implied warranties are:

• The implied warranty of merchantability assures that the product is fit for its ordinary and intended use.
• The implied warranty of fitness for a particular purpose occurs when a seller knows or should know that a buyer relies on their expertise to purchase a product for a specific purpose.

If a product fails to meet these warranties, the manufacturer or seller can face breach of warranty claims.

Different Product Defects

Product liability claims often revolve around three main types of defects.

The specific theory used will depend on the nature of the defect.

Defects include:

• Manufacturing defects
• Design flaws
• Failure to provide adequate warnings

Manufacturing Defects

Manufacturing defects occur when a product is made improperly, resulting in an unintentional deviation from the intended design or safety standards.

These defects are typically isolated to a specific batch or unit and are not found in every product of that type.

Examples of manufacturing defects include:

• A batch of cars with faulty brake lines
• A batch of food containers made with a harmful chemical not intended for the product

These cases are generally easier to identify because the defect is specific to a product or batch.

The plaintiff must show that the defect in the product led to injury or damage.

Design Flaws

Design defects are more complicated because the flaw is inherent in the product’s design, affecting all units of that product, not just a few.

A design defect makes the product unreasonably dangerous even when manufactured correctly.

Examples include:

• A smartphone that is prone to overheating due to a design flaw in the battery placement
• A ladder with an extremely narrow design increasing the risk of accidents

Proving design defects often involves expert testimony to show that the product’s design was unsafe and could have been avoided with a different design.

Failure To Provide Adequate Warnings

Failure to warn occurs when a product does not include sufficient information about potential risks associated with its use.

This category can apply to products that are not inherently defective in design or manufacturing but pose a danger due to improper warnings.

Examples of failure to warn include:

• Medications that fail to warn users about severe side effects
• Household cleaning products that don’t have clear instructions on safe usage

In these cases, the plaintiff must prove that the product’s labeling or instructions failed to warn about the potential hazards adequately, and this led to harm.

The Product Liability Claim Process

Pursuing a product liability claim involves several key steps, each of which plays a crucial role in determining the outcome of your case.

From initial consultation to final resolution, understanding each phase of the process can help you prepare and manage expectations effectively.

Step 1: Initial Investigation and Consultation

The first step in pursuing a product liability claim is to assess whether you have a valid case.

A consultation with a product liability lawyer is critical to understanding the viability of your claim.

This initial meeting allows your attorney to gather essential details and decide whether your case meets legal criteria.

During this consultation, the lawyer will evaluate:

• The Type of Product: The nature of the product plays a primary role in determining liability. A defective kitchen appliance may require different legal considerations than a dangerous pharmaceutical drug.
• The Nature of the Defect: Whether the defect is related to design, manufacturing, or inadequate warnings, each type of defect affects how to pursue the claim. Understanding how the defect caused harm is essential.
• Evidence of Harm: The attorney must establish that the defect caused the plaintiff’s injury. Evidence could involve medical records, property damage reports, or photos of the injury.
• Potential for Compensation: Besides reviewing the facts, the lawyer will assess the likelihood of obtaining compensation from the responsible parties.

This step helps determine whether you have a solid case and whether pursuing legal action is in your best interest.

If the attorney believes you have a viable claim, they will begin to prepare for the next step.

Step 2: Evidence Gathering

Once your lawyer determines a viable product liability claim, gathering evidence becomes a crucial part of the process.

The strength of your case often depends on the quality and quantity of the evidence presented.

The types of evidence typically required include:

• Medical Records: These are essential in documenting the plaintiff’s injury sustained from the product defect. Medical reports detailing the nature of your injuries, treatments, and any ongoing care required are crucial for substantiating claims for compensation.
• Photographs: Visual evidence, such as photos of the defective product, injuries, or the scene of the incident, can help illustrate the severity of the problem and provide undeniable proof of the defect.
• Witness Statements: Testimony from individuals who witnessed the incident or know about the product’s defect is valuable. This evidence can include statements from individuals present when the injury occurred or experts who can speak to the product’s safety.
• Expert Testimony: Expert testimony is often necessary in product liability cases, such as those involving design flaws or intricate technical aspects of a product’s failure. For example, a mechanical engineer may analyze the product and testify about how a defect in design or manufacturing caused the harm.

The evidence-gathering phase is pivotal to building a solid case.

Proving liability for defective products often requires tangible evidence and expert analysis, especially in complex or high-stakes cases.

Step 3: Filing the Claim

After collecting the necessary evidence, the next step is to file a formal product liability claim.

This step involves preparing and submitting the legal documents to initiate the product liability suit.

Key documents involved in this stage include:

• The Complaint: The formal document filed with the court outlines the plaintiff’s legal claims. It details the defect, the injury suffered, and the legal basis for the claim.
• Medical Documentation: This documentation includes the medical records reporting the injuries sustained, the treatments involved, and the impact on the plaintiff’s quality of life.
• Proof of the Defect: The plaintiff must prove the product was defective to support the claim. This evidence could include photographs, expert testimony, or the results of investigations into the product’s design or manufacturing process.

In addition to preparing these documents, your attorney must file the lawsuit within the legal statute of limitations or the time limit within which you can file a claim.

Each state has its own statute of limitations for product liability cases, but they typically range from one to three years from the date of injury.

Failing to file within this timeframe could result in the dismissal of your case.

Step 4: Pre-Trial Negotiations and Settlement Talks

In many product liability suits, the parties may attempt to resolve the case through settlement negotiations before heading to trial.

Settlement negotiations can save both time and money, avoiding the need for lengthy court proceedings.

Conducted by the attorneys representing both sides, these negotiations aim to reach a mutually agreeable compensation for the plaintiff.

Advantages of pre-trial negotiations can include:

• Advantages of Settling: Settling early can be beneficial for both parties. The plaintiff may receive compensation more quickly, and the defendant avoids the uncertainty and expense of a trial.
• Potential for Fair Compensation: In some cases, the defendant may offer a settlement that fairly compensates the plaintiff for medical costs, lost wages, pain and suffering, and other damages. However, the plaintiff is not obligated to accept the offer and may decide that the settlement is insufficient.

Despite the advantages of settlement, not all cases are settled.

If settlement talks fail or the plaintiff believes the offered compensation is inadequate, the case will proceed to trial.

Step 5: Court Proceedings (If Necessary)

If parties cannot reach a fair settlement, the case will move forward to trial.

The trial process follows a formal legal procedure and can be lengthy and complex.

The primary steps in a product liability trial include:

• Pleadings: These formal documents outline the plaintiff’s legal claims and the defendant’s responses. The complaint filed earlier is part of the pleadings and any counterclaims made by the defendant.
• Discovery: In this phase, both parties exchange evidence, witness statements, and documents. It allows both sides to build their cases and anticipate what will be presented during the trial.
• Motions: Before the trial begins, both parties may file motions with the court. These are requests to resolve specific legal issues or dismiss certain claims. For example, one side may file a motion for summary judgment if they believe there is no need for a trial due to lack of evidence.
• Trial: The trial proper involves presenting evidence, witness testimony, and legal arguments before a judge or jury. Both parties will have the opportunity to present their case and challenge the evidence presented by the other side.

After the trial, the judge or jury will render a verdict, which is a decision regarding liability and damages.

If the verdict favors the plaintiff, the court will issue a judgment that outlines the legal consequences and compensation awarded.

While many cases settle before trial, those that do go to court can result in a judgment that provides full compensation to the injured party, assuming the jury or judge finds in favor of the plaintiff.

The Role of a Product Liability Lawyer

A skilled product liability lawyer plays a vital role in helping you through the processes of these cases.

These professionals understand defective product law, are familiar with the tactics of manufacturers and insurance companies, and can effectively negotiate on your behalf or argue your case in court.

Key responsibilities of a product liability lawyer includes:

• Building a Strong Case: Your attorney will help gather the necessary evidence and work with experts to prove that the product was defectively designed or manufactured and that it caused your injury. This task includes investigating the defendant’s practices and the history of the product.
• Negotiating Settlements: A lawyer is also instrumental in negotiating a fair settlement. They will ensure that any settlement covers all damages, including medical expenses, lost wages, pain and suffering, and any other compensation you are entitled to.
• Litigation Advocacy: If your case goes to trial, a lawyer will advocate for your best interests in the courtroom, presenting evidence, questioning witnesses, and making legal arguments. They will also help you through legal procedures and rules that govern product liability lawsuits.

Why Legal Representation Matters in Product Liability Claims

Dealing with a product liability claim can be overwhelming, especially if you have suffered injuries or financial losses.

Some reasons why legal representation is crucial in product liability claims includes:

• Complexity of the Legal Process: Proving liability for defective products or understanding the court system can be overwhelming without a lawyer. Legal expertise simplifies and expedites the process, ensuring the case is handled efficiently.
• Maximizing Compensation: A lawyer can help you maximize your compensation by ensuring that all damages are accounted for, including future medical expenses, lost wages, and pain and suffering. The lawyer can also help you negotiate a fair settlement with the responsible party’s insurance company.
• Resources and Expertise: Product liability cases often require extensive resources and access to expert witnesses that you may not have as a private individual. A lawyer will have the necessary resources and connections to build a strong case on your behalf.

Protect Your Rights Today

The product liability claim process can be intricate, but understanding the steps involved is crucial for ensuring you receive the compensation you deserve.

If you’ve been harmed by a defective product, hiring a skilled product liability lawyer is your best bet to effectively navigate the legal process.

At TorHoerman Law, we have the expertise to guide you through every step, from filing your claim to representing you in court.

With our experience and resources, we will fight for your rights and help you seek the maximum compensation possible.

Contact us for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a product liability lawsuit instantly.