What is Product Liability and How To Prove It?

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Each year, many Americans suffer from injuries caused by faulty products. It may seem outrageous that the products you use at home or give your children can be defective, but they can be.

In 2018, consumer product injuries amounted to 14,727,704. That is over 14 million people who ended up in the emergency room from faulty products. The injured assumed these items were safe. Instead, they caused them to get medical care.

All products can be defective, including the standard ones. Faulty items can include cleaning supplies, televisions, and even beds. Risky merchandise comprises consumer goods, electronics, vehicles, toys, and the list goes on.

A hazardous product is a commodity that cannot function or breaks down, causing harm. If you sustain wounds from an item that fails you, the next step is to prove product liability.

What is Product Liability?

Product liability is where distributors, suppliers, manufacturers, and retailers sell to the public. You can hold one or several of these product developers liable for products that cause injuries. To prove which party is responsible for damages depends on which point in the process the defect came to be.

In the United States, a uniformed product liability law does not exist. Instead, each state has its own product liability law and set of standards. Yet pharmaceutical, automotive, and medical industries are more regulated at the federal level.

3 Types of Product Defects

The three types of product defects are:

1.    Design Defects

Design defects show something is unsafe about a product right from the start. This can happen even before the manufacturing process.

2.    Manufacturing Defects

Manufacturing defects happen during the production and assembly process.

3.    Marketing Defects

Marketing defects occur when the marketing of a product is faulty. This includes inadequate safety labels and insufficient instructions.

How to Prove Product Liability

Proving product liability is challenging as the laws vary from state-to-state. As each differs from the other, they have their own rules and standards.

Your states product liability laws provide you the right to sue if you are ever injured by a dangerous product. In these occurrences, you have legal recourse and can file a lawsuit if you can prove the product is faulty.

The components you need to prove product liability and build your case include:

  • Strict Liability - does not depend on negligence or intent to harm.
  • Negligence - is a failure to exercise proper care among specified circumstances.
  • Breach of Warranty - is a broken promise, statement, or agreement. These warranties are often about a product or contract of a sale offered by a manufacturer or seller.

When filing a claim for compensation from an injury-causing product, you must:

  • Reveal that the defective part of the product existed before the sale. Show that the manufacturer sold it in a hazardous condition.
  • Identify the party that created the injury-causing product.
  • Must connect the product with the party responsible for manufacturing or supplying it
  • Confirm you did not alter the product after it left the manufacturer’s control
  • Prove you did not misuse the product
  • If you have changed or misused the product, show that neither caused your injuries.

Product liability laws differ from ordinary personal injury laws. With product liability, the plaintiff holds the defendant liable for selling faulty products. The plaintiffs can prove their case in court regardless of the defendant's intent.


You prove your injuries result from a manufacturing defect. You show how you broke your leg falling off a swing set with a cracked chain.

Customer Product Expectations

When customers buy a product, they usually have expectations for it. All buyers expect safe and risk-free products. No one wants to bring home a dangerous or harmful product. Manufacturers, designers, and suppliers need to meet these standards.

If you buy a product that does not meet your expectations, you may have a claim. Depending on the defect, you may hold many parties accountable for the damage it caused.

Product Liability Lawyers

If minor or severe injuries result from a broken item, the plaintiff will want to file a claim against its manufacturer. If you or a loved one is suffering from such pain, you will feel angry or duped by the manufacturer. It is not only about the broken product but about how they have broken your business-to-consumer trust too.

The best way to resolve your pain, anger, and to correct the issue is in court. To receive coverage for the damage caused by a faulty product, get a product liability lawyer.

The basis of product liability laws is that designers and suppliers have a duty. Product makers must protect consumers from hazardous items. If one or more of them deviate from their commitment, they should have to pay. It is they who need to assume responsibility for the injuries and damage products caused.

Some courts have held manufacturers liable for having more insight about their products. Although you do not have to establish a party’s intent to prove fault, negligence or wrongful conduct.

The more documents you give your product liability attorney, the better your case will be. Evidence and data that you can provide to support your argument can make for a strong suit.

Together, you and your lawyer are on a mission. Both of you want to prove that a defective product caused your injuries. You and your lawyer want to hold the party responsible for your suffering. Both works hard to get the compensation that you deserve.

Do not choose any lawyer to represent your case. To have a chance at winning in court, find and consult with a product liability attorney. To ensure you can file a claim as soon as possible, it requires you to speak with a person with experience. They will have the knowledge to serve you and your specific situation.

He or she will already be comfortable working on product liability claims for the court. They will use their education, experience, and efforts to build and prove your case in court.


Within the complexity of product liability laws comes another challenge. Every U.S. state has its own version of them. Knowing and applying the rules and regulations of your state will impact your claim.

Get to know the laws, gather resources, and build a formidable case. The more you talk with your product liability lawyer, the better equipped you will be for court. He or she will guide you on how to prove and win your claim.

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Main Office: 200 E. Robinson St. Suite #400, Orlando, Florida 32801. Attorney Jeffrey Kaufman, Licensed in Florida Disclaimer: the purpose of this site is to provide information about legal options, not to provide legal or professional advice. You should not assume that the information on this site applies to your case without consulting with an attorney first. Requesting an initial consultation does not create an attorney client relationship. The hiring of a lawyer is an important decision that should not be solely based on advertisement.

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