Legally Reviewed
This article has been written and reviewed for legal accuracy and clarity by Tort Defenders’ writers and staff and is as accurate as possible. This content should not be taken as legal advice from an attorney.
As a consumer, you must rely on manufacturers to provide safe and effective products. Most companies strive to meet safety and quality standards to maintain their reputation and appease customers.
In most cases, you are responsible as a consumer for researching products and finding those that meet your expectations. However, manufacturers and sellers must provide products that meet minimum safety standards. They may face legal consequences if they do not.
If you’re physically or financially harmed by a defective or improperly made product, you may be protected by product liability laws. These rules may allow you to seek a settlement for costs related to your injuries.
Product liability cases can be nuanced, and they require you and your lawyer to prove that the manufacturer was at fault for the harm caused to you. Here is an in-depth look at this type of legal action.
What Is Product Liability?
Product liability holds producers or sellers liable for defective products that cause harm to users. The defect could be due to a design flaw, improper production, or mistakes when packaging, storing, or handling the product. The laws also cover a lack of warnings or instructions that cause.
The person or party responsible for the defect can be held liable for the flawed product, but the laws are complex, and there are different types of liability cases. Some cases require you to prove negligence or a defect, while others merely require you to show that the product caused you harm.
A good lawyer can guide you through your legal options for product liability cases.
What Are the Types of Products Liability Claims?
In most cases, a lawyer will try to categorize your case in one of three areas: negligence, breach of warranty, or strict liability. Each of these cases requires you to establish different criteria to prove liability, so it is important to understand the nuances of each.
The similarity between the three types of cases is that you (the plaintiff) need to prove that the product caused your injury. This is known as causation in legal terms.
Here is a look at the important differences between the three types of claims.
Negligence
Product liability negligence cases involve proving the defendant did not perform the necessary duties to ensure product safety.
Product liability is based on a company’s duty of care to its customers. The company needs to take reasonable steps to make the product safe for consumers. If they fail to take these steps, on purpose or unintentionally, they breach the duty of care requirement.
You don’t need to prove that the defendant intended to make a mistake. You only need to show that they breached the duty of care requirement and that act caused harm.
Strict Liability
Strict liability cases are different from negligence-based cases. As a plaintiff, you do not have to prove negligence in strict liability cases. Instead, you only have to show that the product was defective and caused harm.
An example would be a product liability case involving a defective stove. Imagine that faulty wiring caused a fire. If the manufacturer could not reasonably know about the flaw, you could still pursue a strict liability case for damages caused by the fire. However, if the manufacturer failed to perform the required tests that would have revealed the flaw, you can pursue a negligence case. Negligence could also involve the defendant knowing about the defect and selling the product anyway.
Breach of Warranty
Breach of warranty relies on real or implied guarantees made to the consumer by the manufacturer or seller. These cases involve proving that a product did not live up to its warranties. For instance, a company may provide a warranty stating that their chainsaw is safe to use in normal conditions for two years. If the chain breaks and injures the user within that period, it could be a breach of warranty.
There are some nuances to breach of warranty cases. For instance, the warranty may only apply to the original purchaser. Items sold on a secondary market might not be covered. Also, these cases often involve proving the product was used and maintained properly before the incident that caused damage.
What Types of Defects Create Product Liability?
Product defects typically fall into three categories based on who is responsible for the defect and when it occurred during the production process. Here’s how each can affect the product liability case.
Design Defects
Design defects happen at the earliest stages of product development. These cases could involve a flaw in the concept or the blueprints for the product. Regardless of how well the product was manufactured, the design defect could still be dangerous to users.
An example might be a children’s toy. A design flaw could cause a small part to break off the toy when it’s used. The small part could be a choking hazard if the child swallows it.
Manufacturing Defects
Manufacturing defects occur when the product is being produced. For instance, the producer could make an error when setting up the machinery for a production run. This could lead to weaknesses or malfunctions in the product.
These defects often fall into two different categories. The first occurs when there’s a flawed production run and all products carry the same problems. The second is when an anomaly occurs in a single product. It is defective even though all the other items during the production run are not.
Marketing Defects
Marketing defects are also known as failure to warn of defects. These cases usually revolve around improper warning labels or a lack of clear instructions or warnings to ensure safe use.
Using the toy example, a marketing defect could be the lack of a label with age-range recommendations or the absence of a choking hazard label. Other instances could be the lack of proper instructions for the safe use of tools or complete dosage information for over-the-counter medications.
Examples of Product Liability Cases
Some product liability cases make headlines because a defect affects many people or causes a serious illness. Here are four recent examples of such cases.
Johnson & Johnson Talcum Powder
Johnson & Johnson is the subject of a product liability case involving its risks associated with talcum powder products. Talc can be contaminated with asbestos, a known carcinogen.
Johnson & Johnson allegedly knew about possible contamination as early as the 1950s. However, it failed to disclose its concerns and did not issue warnings on its labels. Consumers filed lawsuits against J&J, alleging their ovarian cancer and mesothelioma, a type of lung cancer, were due to using the product. Though the company denies the claims, it announced in 2020 that it would discontinue talc-based powder sales.
In early 2024, the company responded to some of these talc claims with a major legal settlement. Johnson & Johnson paid $700 million to 40 states that were investigating the links between its products and cancer. However, this settlement did not affect individual civil suites, thousands of which are still pending.
Roundup Weed Killer
Roundup, a popular weed killer, uses glyphosate as its main ingredient. The International Agency for Research on Cancer lists this as a probable carcinogen. Possible cancers associated with Roundup include non-Hodgkin’s lymphoma and its sub-variants.
Many Roundup claims are still pending, with the weed killer’s manufacturer, Monsanto, and its parent company, Bayer, choosing to settle some suits and fight others in court. In January 2024, a jury awarded a plaintiff who claimed Roundup caused his cancer $2.25 billion. There had previously been several multi-million-dollar awards in similar cases. The next month, a court declined to limit Bayer’s product liability, opening the door for more lawsuits.
Baby Formula Lawsuits
Baby formula producers provide another example of how manufacturing defects can impact human health. Specifically, baby formula which contains cow’s milk can be dangerous for premature babies. This is because these formulas are linked to
Necrotizing enterocolitis (NEC) which causes damage to the small or large intestine. In severe cases, this can result in the death of the intestinal tissue itself, or even the death of the child.
Despite the large amount of research demonstrating the connection between cow’s milk formulas and NEC, many babies in neo-natal care units may have been fed these formulas without their parents’ consent. As of May 2024, there are many pending lawsuits by families who believe that their children were harmed due to drinking cow’s milk formulas.
Do You Have a Product Liability Case?
Product liability cases hinge on several different factors. If you were injured or suffered property damage due to a defective product, your first step should be to contact a lawyer experienced in product liability law. They will be able to weigh the merits of your case and advise you on the best way to proceed.
With a carefully crafted product liability case, you can seek a settlement or pursue just compensation in court.