5 Signs You Have a Product Liability Case

When we purchase products, whether it’s a car, a kitchen appliance, or a toy for a child, we expect them to work safely and as intended. 

Unfortunately, that’s not always the case. 

Every year, thousands of Americans are injured by defective or dangerous products. From faulty brakes and exploding batteries to contaminated food and toxic beauty products, the harm caused by product defects can be devastating.

To make matters worse, many businesses behind defective or dangerous products are often aware of the undisclosed risks or don’t care enough to have them properly safety tested. In these situations, consumers may be entitled to pursue a product liability claim.

What Is Product Liability?

Product liability refers to the legal responsibility of a manufacturer, distributor, retailer, or any party in the supply chain for injuries caused by a defective product. When a product causes harm due to a defect or failure to warn about potential risks, the injured party may be eligible to file a lawsuit seeking compensation for medical expenses, lost wages, pain and suffering, and more.

Product liability laws are designed to protect consumers and hold businesses accountable when their products fail to meet safety standards. These cases can be complex, often involving expert testimony, scientific evidence, and deep investigations into how and why a product failed.

Types of Product Liability Claims

Not all product defects are the same. Under U.S. law, there are three main types of product liability claims:

Design Defects

A design defect exists when the product’s design is inherently unsafe, even if it was manufactured correctly. In other words, the product is dangerous as designed. An example might be a power tool without adequate safety guards or an SUV that is prone to rollover accidents due to its design.

Manufacturing Defects

This type of claim arises when the product's design is safe, but something went wrong during production. A manufacturing defect might involve a batch of medication contaminated during bottling, or a seatbelt that was improperly installed at the factory.

Failure to Warn (Marketing Defects)

Also known as inadequate warnings or instructions, these claims arise when a product lacks sufficient warnings about risks that may not be obvious to consumers. For example, a cleaning product that can emit toxic fumes when mixed with other common chemicals should clearly warn users of the danger.

These types of claims can apply to virtually any consumer good, from electronics and vehicles to medical devices and children’s products. But how do you know if you have a case?

Here are five signs that you might have a valid product liability claim.

1. You Were Injured While Using a Product as Intended

The foundation of any product liability case is actual injury. To pursue legal action, you must have suffered harm, whether that’s a physical injury, emotional distress, financial loss, or a combination of these.

But injury alone isn’t enough. You must also have been using the product as intended or in a reasonably foreseeable way. For instance, if a child is injured by a toy rated for ages 3+ while playing with it under adult supervision, that use is entirely reasonable. On the other hand, if a consumer modifies a product in a way that it wasn’t designed for, and then gets hurt, that could weaken the case.

As an example, picture this. A consumer buys a space heater for their home, follows the included safety instructions, and uses it on a flat, non-carpeted surface as recommended. Despite this, the heater overheats and catches fire, resulting in burns and property damage. Because the user followed the product’s guidelines, and the injury occurred anyway, this could signal a valid claim.

If you were hurt while reasonably using a product, that’s the first red flag of a potential product liability issue.

2. The Product Was Defective or Malfunctioned

The next sign you may have a product liability case is the presence of a defect or malfunction. Not all injuries caused by products are legally actionable. But if your injury was caused because the product didn’t perform as expected, that could point to a design, manufacturing, or warning defect.

Some defects are obvious: a bicycle frame snaps in half during regular use. Others may be more subtle: a prescription drug causes unexpected side effects not listed on the label.

In many product liability cases, forensic experts are used to examine the product and determine whether a defect existed. This could involve engineering evaluations, chemical analysis, or comparisons to similar products.

Common examples of defective products can include:

• Airbags that fail to deploy or deploy too forcefully
• E-cigarettes that explode while charging
• Food products contaminated with E. coli or listeria
• Cosmetics tainted with heavy metals or allergens not disclosed on the label
• Medical devices that break down inside the body

If the product malfunctioned or failed to meet reasonable safety expectations, that’s a strong indicator that you may have a claim.

3. Others Have Reported Similar Problems

Have other consumers experienced similar injuries or issues with the same product? If so, your case may be part of a wider pattern, possibly even leading to a class action or mass tort.

When a product has a widespread problem, it may become the subject of government recalls, consumer complaints, or even lawsuits across multiple states. If you discover that a product has a history of similar incidents, it bolsters your claim that the manufacturer knew or should have known about the danger.

You can look for similar reports at:

• Consumer Product Safety Commission (CPSC) recalls
• FDA alerts or drug recalls
• National Highway Traffic Safety Administration (NHTSA) reports for auto defects
• Product reviews and news articles
• Ongoing litigation or class action websites

If a product has caused harm to others under similar conditions, this may establish that the manufacturer failed to act responsibly, opening the door to legal liability.

4. The Product Lacked Adequate Warnings or Instructions

Some products are inherently risky, but that doesn’t mean manufacturers are off the hook. In fact, they have a legal duty to warn users of known risks and provide clear instructions for safe usage. When a product causes harm because it lacked adequate warnings, you may have a “failure to warn” claim.

This type of claim often involves products like:

• Medications without warnings about dangerous interactions
• Chemical cleaners missing hazard labels
• Power tools without adequate safety guidelines
• Foods that fail to disclose allergens like peanuts or soy

For instance, imagine that a consumer uses a hair relaxer that causes scalp burns and hair loss. Upon reviewing the product, they find that the label includes no warning about the potential for chemical burns or long-term damage. If it can be shown that the manufacturer knew about the risks and failed to disclose them, the consumer may have a strong claim for compensation.

If the manufacturer did not give you the information you needed to avoid injury, that’s a serious legal issue—and a clear sign of potential product liability.

5. You’ve Suffered Financial Losses Because of the Injury

Finally, if your injury led to real, measurable damages, that supports the basis of a product liability lawsuit. These losses can include:

• Medical bills (emergency care, hospitalization, rehabilitation)
• Lost wages or reduced earning potential
• Long-term disability or impairment
• Pain and suffering
• Emotional distress
• Property damage
   

It’s not just about proving that a product caused harm; you also must show that the harm had consequences. The more documentation you have (receipts, medical records, pay stubs, etc.), the stronger your claim.

Even if your injury seems minor at first, it’s worth consulting a legal professional. Some injuries, like chemical exposure or internal device failures, can take months or even years to show full effects.

What to Do if You Suspect You Have a Product Liability Claim

If you believe a defective product has injured you or a loved one, here are the steps you should take immediately:

• Seek medical attention. Your health is the top priority. Document all injuries and follow up with your healthcare provider.
• Preserve the product. Don’t throw it away, modify it, or attempt repairs. Keep the item in a safe place as potential evidence.
• Gather documentation. This includes medical records, purchase receipts, user manuals, photographs of the injury or product, and witness statements.
• Avoid discussing the incident online. Public posts can complicate legal matters later.
• Contact Morgan & Morgan. An experienced attorney can investigate your case, preserve evidence, and guide you through the legal process.
   

How Morgan & Morgan Can Help

At Morgan & Morgan, we believe that manufacturers should be held accountable when their products cause harm. 

With over $25 billion recovered for our clients and a national team of experienced trial attorneys, we’re uniquely equipped to take on powerful corporations and win.

We handle all types of product liability claims, including those involving dangerous drugs, faulty medical devices, defective vehicles, unsafe children’s products, and more. Plus, we work on a contingency fee basis, meaning the Fee Is Free®, and you pay nothing unless we win your case.

You don’t have to fight this alone. If you suspect you have a product liability case, we’re here to help you understand your rights and seek the compensation you deserve.

Contact Morgan & Morgan today for a free, no-obligation case evaluation.