Each year, thousands of products are recalled due to defects and safety concerns. In 2024, the National Safety Council reported that over 15.1 million people visited emergency rooms for injuries related to defective products. The majority of these injuries affected young children and older adults, our most vulnerable populations.
When you purchase a product from the store, you expect that it will work exactly as intended. Unfortunately, that’s not always the case. When defective products make their way into consumers’ lives, the consequences can be disastrous. If you or a loved one was injured by an unsafe product, Montlick Injury Attorneys can help review the details, answer your questions, and guide you through your options with clarity and care.
What is Products Liability?
According to Cornell Law School, product liability (often called products liability) is defined as the “liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain).”
In 2024 there were 15,068,979 product injuries, an 18% increase from the previous year. As consumers, we expect that we won’t be injured when using a product as it was meant to be used. If that expectation is violated, an injured victim may be able to pursue a products liability claim to recover compensation for resulting damages.
What Products Are Covered by Products Liability Laws?
Products liability laws can apply to just about anything you can buy. Liability laws allow you to pursue a case against the manufacturer, distributor, or retailer responsible for selling you the faulty product. It’s meant to hold them accountable for injuries received if they fail to exercise the proper care when designing, manufacturing, marketing or distributing the product. Just a few products covered under product liability laws include:
- Vehicles (example: faulty airbags)
- Food (example: salmonella in peanut butter)
- Medical devices/products (example: faulty pacemakers)
- Appliances (example: poorly designed stove parts that cause fires)
- Prescription medications (example: wrong ingredients)
- Clothing (example: harmful chemicals)
- Toys (examples: lead paint or choking hazards)
- Airplanes (example: faulty parts)
- Industrial Machinery (example: dangerous design)
Types of Products Liability Claims
Generally, there are four main types of liability claims:
Failure to Warn
Manufacturers have a duty to share information about possible side effects or risks associated with a product if they are aware of safety issues, in language that is accessible to the average person. If this duty isn’t upheld, it falls under the “failure to warn” product liability claim. Examples of inadequate failures to warn include electronics without caution stickers, medicine without sufficient risk information, and cleaning supplies missing proper instructions or labels.
Design Defects
This type of claim applies to a product with a flaw in the design itself, leading to a final product that will not function correctly. For a claim like this to be valid, the flaw must prove unreasonably dangerous, meaning the risks outweigh the benefits. An example of a design defect would be a power tool designed with an inadequate safety guard.
Breach of Warranty
Products come with written warranties or implied warranties. Written warranties provide guarantees from the manufacturers to consumers, while implied warranties aren’t written in an agreement but are implied by law or circumstance. An implied warranty means that a consumer can safely assume a product can be used for its intended purpose. For example, if you purchase a new TV from the store but get it home and it doesn’t work, this is a breach of implied warranty.
Manufacturing Defects
A manufacturer could be held accountable when something happens during the manufacturing/assembly process that causes a problem. While the design may be perfect, the product could become dangerous to consumers if its assembly is botched.
For example, a food item may have inadvertently been packaged with an allergen or other item which could make it dangerous to consumers. Manufacturers should have a quality control department that reviews products to catch defects such as structural weaknesses, missing parts, or contamination.
The main difference between manufacturing and design defects is the gravity of the damage. Design defects mean the entire line is defective, while a manufacturing defect usually affects only a partial percentage of the line.
Strict Products Liability and Comparative Negligence
Liability laws act as a safety net for consumers affected by defective and dangerous products. Though laws vary by state, there are two main product liability cases: strict liability and negligence.
Strict liability cases mean that the victim does not need to prove anyone was at fault for their injuries but does need to show the product was defective and that defect caused their injury. In the instance of sellers being held accountable under strict liability, they had to have sold the product as part of their routine.
In negligence-based cases, comparative negligence may also matter depending on the state. In Georgia, if an injured person is found partially responsible for their injuries, they can only recover partial compensation. However, if the injured person is determined to be 50% or more at fault for their injury, they cannot recover compensation.
What Must be Proven in a Products Liability Case?
Although the exact legal requirements vary between states, in a products liability case your attorney will generally need to show:
- That the product was defective in some way
- That you used the product as intended
- That the product defect caused you to suffer some harm
- That you suffered legally recognized damages as a result
If you’ve been injured by a defective product, you may have a right to file a claim, even if you weren’t the one that made the purchase. Once proven, you may be able to recover damages related to your injuries and losses that directly resulted from the defect.
Who Can Be Sued on Your Behalf?
Anyone involved in the chain of distribution, if they played a part in getting the product to consumers, could be liable if it caused harm. Those that could be sued include:
- The manufacturer of the product
- The parts manufacturer (what goes into the product)
- The individual or company that assembles the product
- The individual or company that installs the product
- Wholesalers
- Merchants who sell products to consumers
Note that you have limited time to file a product liability claim, which varies from state to state. Consumers typically have one to four years to file a claim. In Georgia, you generally have two years from the date of your injury to file a products liability claim under O.C.G.A. § 9-3-33. Once the statute of limitations has passed, you can no longer pursue compensation. Seeking the assistance of a product liability attorney as soon as possible is one way to protect your ability to pursue compensation for your injuries.
What Happens Once the Statute of Limitations has Passed?
If you have missed the deadline to pursue a product liability case, you cannot collect compensation. However, your case’s deadline may be extended if an exception applies. Such an exception may be if your injuries do not materialize for some time after the accident but can be directly linked to its cause.
After the statute of limitations passes, little can be done. This is why filing a claim as soon as possible is so important. A product liability attorney will walk you through the process to ensure each requirement for a potential lawsuit is met.
Potential Compensation for a Products Liability Suit
The value of a product liability claim depends on a variety of factors including the severity of the injury and the conduct of the responsible parties. The total compensatory damages are made up of economic and non-economic losses.
Economic losses refer to money or property that was lost due to your injuries and include:
- Medical bills
- Cost of disability
- Loss of wages
- Property loss
- Lost earning capacity
Non-economic damages, also known as “non-monetary damages,” refer to aspects of an injury to which it is difficult to assign a dollar value. Common kinds of non-economic damages include:
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium
- Emotional distress
In certain cases, victims may be able to seek punitive damages. These damages are not meant to compensate the victim directly for a specific loss. Instead, they are intended to financially punish the at-fault party for especially reckless or wrongful conduct and to discourage similar behavior in the future.
Wrongful Death Compensation
If a loved one has been killed as a result of a product defect, you may be entitled to sue those responsible in a wrongful death case. Surviving family members or those in charge of the deceased’s case can be compensated for:
- Costs associated with the victim’s death (funeral and obituary expenses)
- Medical expenses incurred before the death
- Loss of companionship the victim provided
- Pain and suffering experienced by the victim prior to decease
Why an Attorney is Necessary
Product liability cases are often more complex than they seem at first glance. Multiple parties may share responsibility, evidence must be preserved in a timely manner, and filing deadlines are important. An attorney can review what happened, help gather the evidence needed to support your claim, and explain whether the facts may point to negligence by the at-fault party.
Life After a Products Liability Case Starts with Your Call to Montlick
After a defective product injury, your focus should be on healing – not trying to sort through a complicated legal process alone. But the steps you take now can matter. If a dangerous or defective product caused your injury, Montlick can help you understand your options and what may come next.
For more than 40 years, our firm has stood beside injured people and families during some of the most difficult moments of their lives. Our attorneys investigate what happened, identify responsible parties, and protect you from mistakes that could affect your claim. You deserve a team that looks closely at the details, explains your options clearly, and helps you move forward with confidence.
Contact Montlick today at 800-529-6333 to learn more about your products liability claim. Your initial consultation with an attorney is always free.
