Understanding Product Liability Cases: What to Do If You’ve Been Injured

Thousands of consumers are hurt every year due to products that fail to meet safety standards. From faulty car parts to improperly labeled medications, defective products can upend lives and create significant financial and emotional strain.

Product liability law exists to protect consumers, hold manufacturers accountable, and provide victims with the compensation they need to move forward.

Frantz Law Group is a California-based personal injury law firm that has built a reputation for successfully representing injured consumers in product liability lawsuits and cases. Our legal expertise and dedication to client success make us a trusted ally for navigating the complex world of personal injury law.

Our legal team of experienced product liability attorneys has helped many clients see through their personal injury cases and come out on the other side with the justice and compensation they deserve.

In this article, we’re breaking down what you need to know about product liability cases, including the types of product defects, common examples, how claims are proven, and what steps to take after an injury.

What Is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries caused by defective products.

When a product is sold to the public, there’s an expectation that it’s safe to use as intended. If a defect or flaw in the product leads to an injury, the injured party may have grounds for a legal claim.

These cases are essential not just for compensating victims but also for improving the product safety industry-wide. Companies—even small businesses— are held accountable for their missteps, which incentivizes them to produce safer goods moving forward.

Did you know?

After reaching a record low in consumer product-related injuries in 2020, the numbers rose by 6.8% in 2021, 7.8% in 2022, and a further 0.6% in 2023.

Types of Product Defects

Understanding the nature of the defect is a crucial first step in building your case. Product liability usually involves one or more of the following defect types:

1. Manufacturing Defects

A manufacturing defect occurs when an error during the production process makes a product unsafe. The design itself might be sound, but something went wrong during assembly or production. Or it could have hidden defects that may have resulted in injury.

Examples:

• A batch of car tires with weak sidewalls that lead to blowouts
• A baby stroller missing a critical locking mechanism
• Silicone breast implants that rupture due to a quality control issue

2. Design Defects

These defects occur when the product’s design is inherently flawed, making it dangerous even when used as intended. Unlike manufacturing defects, design defects affect every unit produced because of defective design.

Examples:

• A car with a high center of gravity, prone to rollovers
• A coffee maker designed with wiring that easily overheats and causes fires
• Children’s toys with small parts that pose a choking hazard
• Electric blankets with faulty wiring that can cause fires

3. Marketing Defects

Marketing defects (often called “failure to warn consumers”) occur when a product lacks proper instructions, safety warnings, or includes misleading claims or a widespread misinformation campaign. These defects can cause serious harm simply because users weren’t adequately informed.

Examples:

• A medication that doesn’t warn about dangerous interactions with common prescriptions
• A household cleaner marketed as “pet safe” without specifying toxic ingredients
• A toy without any age recommendations, posing a choking hazard for young children

Identifying which defect caused your injury is vital for strengthening your claim. Legal experts, such as those at Frantz Law Group, can guide you through this process to ensure your case is built on a strong foundation.

Common Types of Product Liability Cases

Product liability affects a wide range of industries. Below are some examples of common cases:

• Medical Devices: Faulty pacemakers or defective hip implants causing dangerous health complications
• Pharmaceuticals: Medications that lead to unexpected side effects or harmful drug interactions
• Children’s Products: Toys with choking hazards or high levels of lead in the paint
• Automotive Defects: Issues like faulty airbags, defective brakes, faulty gas tank, or tire blowouts
• Consumer Electronics: Devices with exploding batteries or laptops that overheat to unsafe levels

These examples demonstrate how far-reaching product liability cases can be, affecting everything from health and safety to everyday convenience.

Famous Product Liability Cases

Here are some famous product liability cases involving the mentioned companies:

1. Philip Morris: The case of Bullock v. Philip Morris is a landmark in product liability. Betty Bullock, a lifelong smoker, sued Philip Morris (now known as Altria Group Inc.) for negligence, strict liability, and fraud, claiming their cigarettes caused her lung cancer. In 2002, a jury awarded her $28 billion in punitive damages, later reduced to $28 million.
2. Dow Chemical and Dow Corning: Dow Corning faced numerous lawsuits over silicone breast implants, alleging they caused health issues. In Hollis v. Dow Corning Corp., the Supreme Court of Canada held Dow Corning liable for failing to warn about the risks of implant ruptures. This case set a precedent for stricter manufacturer warnings.
3. McDonald’s: The infamous McDonald’s hot coffee case (Liebeck v. McDonald’s) involved a woman who suffered third-degree burns from spilled coffee. The jury awarded her $2.7 million in punitive damages, later reduced, highlighting the importance of product safety and adequate warnings.
4. Owens Corning Corp.: Owens Corning was a key defendant in asbestos-related product liability cases. The company faced lawsuits for failing to warn about the dangers of asbestos exposure, leading to severe health issues like mesothelioma. These cases resulted in significant settlements and the company filing for bankruptcy in 2000.
5. General Motors: A notable product liability suit involving General Motors is the Anderson v. General Motors case. In 1999, a jury awarded $4.9 billion to the Anderson family after their 1979 Chevy Malibu’s fuel system was found to be defectively designed. The car burst into flames after being rear-ended, causing severe injuries to the family. Evidence revealed that GM was aware of the fuel system’s risks but chose not to address them due to cost concerns.

Proving a Product Liability Claim

To succeed in a product liability case, you must meet a specific legal standard. Here’s what you’ll need to establish:

Key Elements of a Claim

1. Defective Product

You must prove that the product was somehow defective, either due to a design flaw, manufacturing error, or inadequate warning labels.

2. Harm or Injury:

Next, you’ll need to show that the defect has been causing injury or harm to the user. This can include physical injuries, emotional distress, or financial losses.

3. Causal Link

It’s not enough to just have a defective product and an injury; there must be a direct link between the two. You’ll need to demonstrate how the defect directly caused the harm.

4. Reasonable Use and Damages

Finally, you must establish that you were using the product as intended and had not modified it in any way that could have contributed to the defect. You must also document the injuries and losses you’ve suffered, whether physical, emotional, or financial.

Gathering Evidence

Evidence is critical in proving your case. Effective documentation includes:

• Medical records detailing the extent of your injuries
• Product documentation, such as receipts, instruction manuals, and warranties
• Photographic/videographic evidence of the defective product and the injury
• Expert testimony to verify how the defect caused harm

What to Do After a Product Injury

If you’re injured by a defective product, knowing what steps to take can make all the difference in building a strong case:

1. Seek Immediate Medical Attention

Your health should always be your top priority. Visit a doctor as soon as possible, both to treat your injuries and to establish a medical record linking your injury to the defective product.

2. Document the Incident

Take photographs of the defective product and any visible injuries.

Keep records of your medical expenses (including medical bills), receipts, and records of time missed from work due to your recovery.

3. Contact an Attorney

Speak with an attorney experienced in product liability cases, like the team at Frantz Law Group. They’ll help you evaluate your claim and advocate on your behalf. Avoid discussing the incident with manufacturers or their representatives without legal counsel, as their goal is often damage control – not ensuring you’re compensated fairly.

Let Frantz Law Group Help

At Frantz Law Group, we understand the complexities of product liability cases and the challenges injured consumers face. Our team is dedicated to protecting your rights, advocating for your case, and securing the best possible outcome for your claim.

If you’ve been injured by a defective product, don’t wait—time is critical for gathering proof and filing your claim. Contact us today for a free consultation and take the first step toward getting the justice and compensation you deserve.