Understanding Defective Products: Your Rights and Recourse

When you buy a product, you trust it will work as promised and won’t cause harm. Unfortunately, that’s not always the case.

A defective product is one that is faulty or dangerous when used as intended. In the realm of personal injury law, this is also known as product liability, and can result in serious injuries, financial losses, and emotional distress.

Ensuring your safety isn’t just a matter of luck; it’s a responsibility manufacturers, distributors, and retailers must uphold. That’s why laws exist to protect consumers, holding companies accountable for the safety of their products.

At Frantz Law Group, we understand how overwhelming it can be to deal with injuries or damages caused by defective products. Our experienced attorneys provide the legal guidance you need to seek justice.

According to the National Safety Commission (CPSC), over 12 million people were treated for injuries related to consumer products in 2023. With defective products harming such a staggering number of people, knowing your rights is essential if—knock on wood—you ever face such an incident.

In this article, we will break down the different types of product defects, who can be held liable, common injuries caused by defective products, and your legal recourse if you’re affected.

Types of Product Defects

When a product fails and causes harm, the defect usually falls into one of three categories. Understanding these types can help determine who is at fault and whether you may have a legal claim. Let’s break them down:

1. Manufacturing Defects

This type of defect occurs when something goes wrong during the production process. Even if the product is well-designed, errors like the use of cheap materials, poor assembly practices, or malfunctioning production equipment can result in dangerous flaws.

Let us give you two examples: automotive parts and contaminated food products.

• Automotive Parts: Imagine a car tire made with insufficient tread. While the design of the tire may have been tested and approved for safety, a mistake in the manufacturing process could cause a blowout, increasing the risk of accidents.
• Contaminated Consumables: Food or beverages that become tainted with bacteria or foreign materials during production can lead to food poisoning, illnesses, or even fatalities, as seen in nationwide product recalls.

Manufacturing defects are particularly concerning because they can impact individual batches of products. This means that some units are defective while others from the same line are perfectly safe.

2. Design Defects

Design defects originate with flaws in the product’s blueprint. Unlike manufacturing defects, these issues affect every single item produced because the problem is baked into the design itself. No matter how well the product is manufactured, its fundamental design makes it unreasonably dangerous.

Here are a couple of examples:

A plastic building block set that includes small, detachable pieces poses a significant choking risk for toddlers. Even though the pieces may meet production standards, the design fails to account for the dangers to young children.

Some medications come with side effects that far outweigh their benefits, especially when safer alternatives are available. A painkiller that unexpectedly causes heart issues or stroke is a major design defect, as it puts users at risk by its very nature.

To hold a company accountable for design defects, victims need to show there was a feasible, safer alternative design that could have been used instead.

3. Marketing Defects (Warnings & Instructions)

Even well-designed and properly manufactured products can become a safety hazard if they lack appropriate warnings or clear instructions. Marketing defects occur when a company fails to adequately label products, provide safety instructions, or warn about specific risks associated with use.

Let’s use chemical exposure from cleaning products as an example. A strong industrial cleaner that doesn’t clearly indicate the need for gloves or ventilation can cause chemical burns or respiratory problems. Without adequate warnings, consumers may unknowingly use the product in hazardous ways.

Another example could be power tools without proper warnings. A chainsaw that omits instructions for safe handling or doesn’t warn about the sharpness of the blade could lead to preventable injuries during use.

Marketing defects are preventable by including clear and detailed instructions, proper warnings, and internationally recognized safety symbols on products.

Understanding these three categories of defects is vital to identifying the root of the problem and ensuring responsible parties are held accountable.

Who Can Be Held Liable?

When a defective product causes harm, responsibility may rest with one or more parties involved in the product’s creation and sale. Here’s a closer look at the roles of various entities and how they can be held accountable in a product liability case:

Manufacturers

Manufacturers bear the primary responsibility for creating safe products. This includes ensuring proper design and quality control during production. If an item is defectively designed or a mistake occurs during manufacturing, the company that makes the product is often at fault.

If a car’s brake system fails due to a defective component or poor assembly, the car manufacturer may be liable for damages linked to accidents caused by the failure.

Distributors

Distributors play a critical role in handling and transporting products from manufacturers to retailers. If a defect arises because the product was damaged during shipping or improperly stored (e.g., perishable food not kept at safe temperatures), distributors could be held accountable.

Retailers

Retailers have an obligation to sell products that are safe for consumers. Furthermore, if retailers are aware of potential dangers associated with a product—for example, through recalls or publicized complaints—but continue selling it, they could be found negligent.

A retailer selling a children’s stroller without disclosing a recall notice for faulty brake systems could be held responsible if an accident occurs.

Suppliers

Suppliers provide the components that make up the final product. If these components are inherently defective or unsafe, the supplier may share liability with the manufacturer.

A phone battery supplier that delivers faulty batteries prone to overheating could be held accountable if those batteries cause fires.

Determining who is to blame often requires a thorough investigation. That’s why legal teams, like the ones at Frantz Law Group, are essential for holding the right party liable.

Common Injuries Caused by Defective Products

The injuries caused by defective products can range from inconvenient to life-altering. Here’s a closer look at some of the most common categories and how they occur:

• Physical injuries: These include cuts, burns, broken bones, or internal injuries, often caused by tools, appliances, or machinery that malfunction. For instance, a lawnmower with a faulty blade guard could cause deep cuts or amputations if the blade comes loose during use.
• Chemical exposure: Products with unsafe chemicals can lead to poisoning, severe allergic reactions, or long-term health conditions. For example, a defective pesticide without proper warnings could expose users to toxic fumes, causing respiratory problems or poisoning if ingested.
• Electrocution: Faulty electrical items, such as poorly wired appliances or overloaded power strips, pose risks of severe shocks or electrocution. This can result in burns, nervous system damage, or, in extreme cases, death.
• Fire hazards: Electronics or devices that spark, overheat, or combust are major safety concerns. Faulty chargers or kitchen appliances prone to overheating are notable examples, creating risks of burns or property-destroying fires.
• Drowning: Safety equipment like life vests or pool gates designed to protect against water-related hazards can fail due to manufacturing or design flaws, increasing the risk of drowning accidents.

If you’re injured, it’s worth seeking medical treatment immediately and documenting anything related to the product, as this can serve as key evidence.

Legal Recourse for Defective Product Injuries

Filing a product liability lawsuit in California can feel daunting, but understanding the steps involved can help you feel more confident about your case. California has some of the most consumer-friendly laws in the country, particularly when it comes to holding manufacturers and sellers accountable. Below, we’ll walk you through the stages of the legal process and what to expect.

1. Consult an experienced attorney: The first and most important step is to consult an experienced personal injury attorney who specializes in product liability cases. These cases can be complex and typically require legal expertise to ensure successful outcomes. During your initial consultation, the attorney will review the details of your injury, examine the defective product (if still in your possession), and determine whether you have a viable claim.
2. Gather key evidence: Evidence plays a critical role in supporting your case. Your legal team will help you collect and document everything needed to prove that the product was defective and directly caused your injury. Key forms of evidence include:

• The defective product itself (if possible)
• Photos or videos of the product, injuries, and accident scene
• Medical records and bills documenting your injuries and treatment
• Proof of lost wages if your injuries impacted your ability to work
• Receipts, warranties, or proof of purchase for the product
• Witness statements or expert testimony to explain how the product was defective

The stronger your evidence, the more likely you are to build a compelling case.

3. Identify the type of defect: Understanding the type of defect that caused your injury is essential to building your claim. California product liability laws recognize three main types of defects, as explained in the earlier section.

Expert analysis may be necessary to determine the specific defect responsible for the harm caused.

4. Determine liability: California follows the doctrine of strict liability, which holds manufacturers, distributors, and sellers accountable for defective products regardless of whether they acted negligently. This means that as the injured party, you don’t have to prove that the manufacturer or seller was careless. Instead, you must prove:

• The product was defective.
• The defect existed when the product left the manufacturer or seller’s control.
• The defect caused your injury, despite your proper use of the product.

Potentially liable parties can include the product’s manufacturer, suppliers of defective components, distributors, and even retailers that sold the faulty item.

5. File the lawsuit: Once your attorney has gathered evidence and built a strong case, they will file a formal complaint in court. The complaint outlines your allegations, the legal basis for your claim, and the damages you’re seeking. The defendant(s)—usually the manufacturer or seller of the product—will then respond, and the case will proceed to the next phase.
6. Negotiation and settlement: Most product liability cases in California are resolved through settlements, where the defendant agrees to pay compensation without going to trial. Your attorney will negotiate with the defendant’s legal team or insurance company to secure a fair settlement. If the parties cannot agree, the case may go to trial.
7. Trial (if necessary): At trial, both sides present their arguments, evidence, and witnesses to the court. The judge or jury will decide whether the product was defective and award damages if they rule in your favor. While trials can be lengthy and costly, they are sometimes necessary when the defendant refuses to offer appropriate compensation.

Types of Damages to Pursue

Here are the typical types of damages that can be pursued in the unfortunate incident of a defective consumer product:

• Medical expenses: Compensation for hospital stays, surgeries, medications, and long-term rehabilitation care.
• Lost wages: Reimbursement for income lost due to time off work during recovery.
• Pain and suffering: Damages to compensate for emotional trauma and physical pain endured from the injury.
• Property damage: If the defective product caused damage to personal belongings, such as a fire destroying your home, the costs to repair or replace those items can also be recovered.

Statute of Limitations: The Importance of Acting Quickly

Product liability claims are governed by statutes of limitations, which vary by state. This means you only have a limited time to file your lawsuit. Missing the deadline could leave you with no legal recourse, no matter how strong your case is. Acting promptly and consulting an experienced attorney is crucial to preserving your rights.

Under California law, you generally have two years from the date of your injury to file a product liability lawsuit.

Exceptions to the Rule:

• If the injury wasn’t immediately discoverable (e.g., health issues caused by a defective medication), the statute may begin when you “reasonably should have discovered” the harm.
• If the injured party is a minor, the statute usually doesn’t begin until they turn 18.

It’s vital to act quickly to preserve evidence, strengthen your case, and ensure your claim is filed on time.

Frantz Law Group Will Help You Get Justice

Navigating a defective product injury claim can feel overwhelming, but you don’t have to do it alone. Frantz Law Group has extensive experience handling personal injury cases, including those involving defective products. We’re committed to fighting for your rights and helping you achieve your deserved compensation.

If you or a loved one has been injured, contact our experienced attorneys today for a free consultation. Call us at our toll-free number, 866-861-7688, or leave your details on our website to schedule your free consultation.

Your safety matters, and so does your recovery. Reach out to Frantz Law Group now and take the first step toward justice.