A product liability claim asks whether a product was unreasonably dangerous because of how it was designed, how it was made, or how it was labeled, and whether that caused the injury. Rules differ by state, so the law where the injury happened matters.
Reviewed by Brian S. Coutts · Reviewed October 22, 2026 · Published October 21, 2026 · Updated October 22, 2026
AV Preeminent®*Scott D. Brown · Martindale-Hubbell40+ yearsof Scott D. Brown's injury practiceFreecase review
What makes a product defective?
Most claims rest on a design defect, a manufacturing defect or a failure to warn, and some states allow other theories.
Design defect
The whole product line is unsafe as designed. In many states, the question includes whether a safer design was reasonably available.
Manufacturing defect
This unit differed from the intended design, such as a bad battery cell or a mattress that did not match its tested prototype.
Failure to warn
The product lacked adequate warnings or instructions about a non-obvious danger.
Other theories
Depending on the state, negligence and breach of warranty may also apply.
Who can be held responsible?
Responsible parties can include the makers of the product and its parts, importers, distributors and sellers. Some states treat sellers differently, so the local law matters.
How long do I have to file a product liability claim?
Every state sets time limits for filing, and some also cut off claims based on the product's age (statutes of repose). Claims involving a government entity can require written notice within months. These deadlines vary widely, so act promptly. A lawyer licensed in your state should confirm the deadlines that apply to you.
What does a product liability lawyer do?
Every case is different. Depending on the facts, a lawyer may help secure the product and records, consult independent experts, look into which companies may be responsible, handle negotiations with insurers, and pursue litigation when it is warranted.
Talk with us about what happened
If you or someone in your family was hurt by a product that may have been defective, we can review it with you at no cost. There is no pressure to hire us.