Product Liability

Product liability is the area of law that deals with injuries caused by products. A claim can involve a car part, a child's toy, a battery, a machine on a job site or a chemical someone was exposed to for years. An injury, by itself, does not prove a product was defective. A product liability lawyer looks at what the product was, how it was used, what went wrong and what the company knew, then checks which state's deadlines apply.

What product liability covers

Product liability is the legal responsibility of the companies that make and sell a product for harm the product causes. That responsibility can reach each business in the chain, from the maker of a component part to the company that assembled the product, the wholesaler and the store that sold it1.

There is no single federal product liability law. Claims are decided under state law, which is why the rules and the deadlines differ from one state to the next1. Courts generally recognize three kinds of product defect1:

• Design defect: the whole product line carries a risk built into its design.
• Manufacturing defect: something went wrong during production, so only some units are flawed.
• Warning or instruction defect: the product did not come with adequate warnings or directions about a danger that was not obvious.

The topics above group our pages by the kind of product involved. Many claims touch more than one group. A battery fire in a power tool, for example, raises questions about the battery, the charger and the tool.

How a product liability claim works

A product liability lawsuit generally has to show that the defendant sold the product, that the product was defective when it left the defendant's hands, that the person was injured, and that the defect actually caused the injury1. Depending on the state, a claim may rest on negligence, strict liability or a breach of warranty1.

Product liability at a glance

Governing law

State law; there is no federal product liability statute1.

Defect types

Design, manufacturing, and warnings or instructions1.

Legal theories

Negligence, strict liability or breach of warranty, depending on the state1.

Who can be named

Component makers, assemblers, wholesalers and retailers1.

Strict liability means a seller may be responsible for a defective product even if it was careful, but the injured person still has to prove the defect and the connection to the injury1. In design cases, many courts weigh the product's usefulness against its risks or ask what an ordinary consumer would expect, and the test differs by state1.

Proof usually comes from the product itself or its identifiers, purchase records, the company's own documents, government recall and complaint files, and, in exposure cases, scientific research about the specific substance involved.

Recalls, complaints and lawsuits are different things

People often hear about a product problem through a recall, a news story or a lawsuit. Each one means something different, and none of them settles an individual claim on its own.

If you own a recalled product, CPSC advises following the recall notice for that product, and says a recall usually has no end date2. For vehicles, NHTSA's lookup shows unrepaired recalls by VIN or license plate, but it does not list recalls more than 15 years old, recalls by some small manufacturers, or some recalls so new that not every VIN has been added3.

Where product liability litigation stands

When many people file similar federal lawsuits about the same product, the Judicial Panel on Multidistrict Litigation can send them to one judge for coordinated pretrial proceedings. The goal is to avoid duplicate discovery and conflicting pretrial rulings. Cases that are not resolved there are sent back to the courts where they were filed7. The Panel has created more than 1,800 of these dockets, called MDLs, including many product liability matters7.

An MDL is not a class action. Each person's case stays separate, and each person still has to prove their own exposure, injury and cause. Some MDLs try a small number of early cases, often called bellwether trials, to test the evidence. Their results do not decide anyone else's case.

The status of a particular product's litigation changes often. Each topic page gives that product's court, docket number and current status, with the date we last checked the record.

Injuries and losses product cases can involve

• Burns from fires, explosions or scalding liquids
• Fractures, head injuries and spinal injuries from crashes or falls
• Amputations and crush injuries from machinery
• Illnesses that researchers have studied in connection with specific chemicals
• Fatal injuries, which may lead to a wrongful death claim
• Property damage, such as a home damaged by a fire

Some of these overlap with our injury pages, including Severe Burn Injuries and Wrongful Death. Chemical exposure claims depend on the specific substance and on research about that substance. Evidence about one chemical cannot be assumed to apply to another.

Who may have a product liability claim

Not every injury involving a product supports a legal claim. A review usually considers:

• What the product was, including the brand, model and serial or lot number
• How and when it was used, and whether it was used as intended or in a foreseeable way
• What failed or what exposure happened, and when
• The injury, the diagnosis and the medical records that document it
• Whether the product was altered, repaired or poorly maintained
• Which state's law applies and whether a deadline is close

For exposure claims, a review also looks at how long the exposure lasted, how it happened (on the job, at home or through water or air), and what the research on that substance does and does not show. A study that finds a statistical association does not prove that a substance caused any one person's illness.

Who may be responsible

A product liability claim can be brought against businesses at different points in the chain of distribution1. Depending on the facts, an investigation may look at:

• The company that designed the product
• The manufacturer and the makers of component parts
• The company that assembled the finished product
• Distributors and wholesalers
• Retailers and online sellers
• Installers or repairers, when the problem came from their work

Who is named depends on the evidence. Being part of the chain does not mean a business is legally responsible.

Filing deadlines for product liability lawsuits

Every state sets its own deadline, called a statute of limitations, and some also set an outer limit, called a statute of repose, measured from when the product was sold. A few examples:

• Arizona: generally two years for personal injury and wrongful death claims8.
• California: two years for personal injury9. For injuries from toxic exposure, two years from the injury or from when the person knew or should have known the injury and its likely cause, whichever is later10.
• New York: three years for personal injury11. For injuries from the latent effects of exposure to a substance, the three years run from discovery of the injury12.
• Texas: two years for personal injury and wrongful death13. Most product liability claims must also be filed within 15 years of the product's sale, with an exception for some latent diseases from exposure14.

Workplace injuries add another layer. In Arizona, a worker who receives workers' compensation can still pursue a claim against an outside party, such as a machine's manufacturer, but if the worker does not file within one year, the claim is treated as assigned to the employer's insurer15.

These examples are not a complete list, and other rules can shorten or extend a deadline. A product liability attorney can check the rules that apply to your situation.

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Records that help a product claim

Records to gather

About the product

• Brand, model, serial or lot number
• Receipts, order confirmations or credit card statements
• Manuals, packaging, labels and warranty cards
• Recall notices or letters you received

About the incident

• Photos or video you already have
• Police, fire or incident reports
• Names of witnesses
• Dates and a short written timeline

About the injury

• Medical records and bills
• Work and exposure history
• Insurance claim letters

What happens after you contact CBW Law

How a product liability review works

1. You tell us what happened

   Share the product, the date, where it happened and how you were hurt.

2. We identify the product

   We look for the maker, the model and any recall, complaint or court record that relates to it.

3. We review the records

   With your permission, we gather medical, purchase and incident records.

4. We explain what we see

   We tell you plainly whether we think a claim may be possible and which deadlines may apply.

An injury involving a product is a reason to ask questions, not proof of a defect. The answers come from the product, the records and the science.

Plain English

Medical, Health & Insurance

Product cases bring together engineering, medical and legal terms. Here are some you may see.

Product terms

Design defect

A danger built into a product's design, so every unit carries it1.

Manufacturing defect

A flaw introduced during production that affects only some units1.

Failure to warn

Missing or inadequate warnings or instructions about a danger that was not obvious1.

VIN

The 17-character vehicle identification number used to look up vehicle recalls3.

Health terms

Exposure

Contact with a substance by breathing it, swallowing it or absorbing it through the skin12.

Latency

The time between an exposure and the first signs of a related illness, which can be years.

Association

A statistical link found in research. It is not proof that a substance caused one person's illness.

Claim and court terms

Statute of limitations

The deadline to file a lawsuit, set by each state.

Statute of repose

An outer time limit, often measured from a product's sale, that can apply even before an injury is discovered14.

MDL

Multidistrict litigation: similar federal cases sent to one judge for coordinated pretrial work7.

Bellwether trial

An early trial of one case in a group, used to test the evidence. It does not decide the other cases.

Questions

Frequently asked product liability questions

Short answers to questions people ask after an injury involving a product.

What is a product liability lawsuit?

A product liability lawsuit is a claim that a product was defective in its design, manufacture or warnings and that the defect caused an injury1. It is decided under state law.

Does a recall mean I have a product liability claim?

Not by itself. A recall can show that a company or regulator identified a problem with specific models2. A product liability lawyer still has to connect that problem to your injury.

What if the product was never recalled?

A product does not have to be recalled to be defective. Many defects are investigated through complaints, records and expert review rather than a recall.

Do I need to keep the product?

Records such as photos, receipts and serial numbers often matter most. Do not keep a damaged or recalled product in your home if it could be dangerous. Follow the recall notice or official safety guidance for that product2, and tell us what you have.

Who can a product liability lawyer hold responsible?

Depending on the evidence, a claim may name the designer, the manufacturer, a component maker, a distributor or a retailer1.

Is a product liability lawsuit a class action?

Usually not. Many product cases in federal court are grouped into an MDL for pretrial work, but each person's case stays separate7.

How long do I have to file a product liability lawsuit?

It depends on the state. Many states allow two or three years for personal injury891113, and some have special rules for exposure claims or outer limits measured from the product's sale101214. A product liability attorney can check your deadline.

I was hurt by a machine at work. Can I bring a product liability claim?

Possibly. Workers' compensation usually covers the employer, but a claim against an outside company, such as a machine's maker, may still be available. In Arizona, the worker generally must file that claim within one year or it passes to the insurer15.

What does a product liability attorney at CBW look at first?

The product and its identifiers, how the injury happened, the medical records, and any recall, complaint or court record about that product. We also check which state's deadlines apply.

How much does it cost to talk to a product liability attorney at CBW?

Telling us your story costs nothing, and contacting us does not create an attorney-client relationship.

Tell Us Your Story

Product cases often turn on records that only the company, the regulator or the court holds, and the deadlines can be short.

If you or a family member was hurt by a product, tell us what happened. CBW Law will review your information and explain what we see. Submitting information does not establish an attorney-client relationship or guarantee representation.

Tell Us Your Story →Call (800) 476-2416

This page is general information about product liability. It is not legal or medical advice and does not create an attorney-client relationship. An injury, a recall, a complaint or a lawsuit does not, by itself, establish that a product was defective or that anyone is legally responsible. Laws and deadlines differ by state, and no outcome can be promised.