Defective Product Facts

A defective product, also known as product liability, claim exists if you or a loved one have been injured by a defective product or a product has been deemed defective. Manufacturers are held responsible for putting a product on the market that causes harm or damage to consumers. Legal cases involving defective products are negligence and strict liability. In negligence cases, the court must prove that the manufacturer breached a duty to protect consumers and that the consumer suffered damages. In strict liability cases, the court does not have to prove negligence because the manufacturer has liability for all defects related to their products.

Product liability law extends into a variety of claims, such as defective vehicles, airplanes, guardrails, medical devices, dangerous drugs, nicotine poisoning, and defective children’s products. Defective product injuries are not uncommon and sometimes can even lead to death.

Data related to defective products:

• According to advocacy group Kids in Danger, recalls of children’s products increased over 55% last year. 
• Increasing vehicle repair and recall costs drive higher liability claims. 
• Defective product claims are the most common type of personal injury case. 
• Even medication, including over-the-counter medication, can be subject to product liability law after being recalled or removed from the market entirely.