3 Main Types of Product Liability Claims: Design, Manufacture, and Marketing

Here’s what you need to know about different types of product liability claims and the strict liability laws that apply to dangerous products.

Every day, people are injured by faulty products. Just about anything can cause harm if it isn’t made right or used correctly, from athletic shoes to medications to car parts.

Design flaws, manufacturing defects, and marketing defects are the three main types of product liability claims that can be the basis for a product liability lawsuit.

When a product harms you or a family member because it was wrongly made or marketed, you have the right to seek compensation for your damages.

1. Design Defects – Flawed From the Start

Design defects are mistakes or inherent flaws in a product. In most cases, the flaws are built into the product when it’s manufactured, but flaws can also occur during design modifications.

A design defect makes the product inherently unsafe, even if the consumer is using the product as directed. For example, a baby crib may have a design defect if it has widely spaced side slats that pose a risk of catching a baby’s head.

Case Example: Texas Jury Awards $4.8 Million to Man Injured by Defective Ladder

John DeVallee suffered permanent injuries to his dominant hand and arm when he fell from a ladder after the ladder twisted or “racked.”

Through his attorney, DeVallee sued Werner Company, the ladder manufacturer, alleging that the defective design of the product made the ladder dangerous for users.

The jury agreed, awarding DeVallee a total of $4.8 million, including $3,100,000 in non-economic damages: $1,500,000 for future pain and mental anguish, $100,000 for future disfigurement, and $1,500,000 for future physical impairment.

On appeal, the future physical impairment award was reduced by $1 million, while the rest of the award was upheld.

2. Manufacturing Defects – During Production

Manufacturing defects can occur even if the product’s design was not faulty. A product can be inherently flawless in its design, but by the time it goes through the manufacturing process, it can be defective.

Manufacturing defects may be caused by poor materials, wrong assembly, inadequate quality control, and other manufacturing errors.

Case Example: Judge Awards $33 Million for Death Caused by Poorly Manufactured Tire

Ramiro Munoz was killed in a motor vehicle when a cement truck blew a tire and rolled over onto the Munoz vehicle. The failure of the Goodyear brand truck tire was traced to substandard materials and practices at the Goodyear manufacturing plant in Danville, Virginia.

The Munoz family filed a product liability lawsuit against Goodyear, alleging manufacturing defects in the truck tire that led to the wrongful death of Mr. Munoz. Several Goodyear employees testified about the poor materials and conditions at the manufacturing plant.

The judge awarded $33 million to the Munoz family.

3. Marketing Defects – Failure to Warn

Marketing defects, including “Failure to Warn” happen when the manufacturer doesn’t provide the user with enough information to use the product safely or misstates a product’s benefits.

Common marketing defects are failing to provide proper warning about risks of the product, or limits to use, such as weight restrictions for furniture.

Case Example: $270 Million Settlement for Deceptive Drug Marketing

The lawsuit brought against Perdue Pharma by the state of Oklahoma alleged the pharmaceutical giant “fueled the opioid abuse epidemic” causing thousands of drug overdoses by deceptive marketing practices.

Oklahoma’s lawsuit asserts that Perdue’s marketing efforts deliberately downplayed the addictive side effect qualities of Oxycontin while overstating the treatment benefits of the drug.

Perdue denies wrongdoing, arguing that the FDA approved its warning labels for narcotic medications. However, to avoid further litigation, Perdue Pharma agreed to a $270 million settlement with Oklahoma in March 2019.

In a separate case back in 2007, Perdue executives pleaded guilty to federal charges of “misbranding” the narcotic drug Oxycontin.

Similar lawsuits filed by other states against Perdue Pharma are ongoing.

Product Liability Laws and Statutes

Most products sold in the United States must meet health and safety standards established by the Consumer Product Safety Commission (CPSC).

While the CPSC is a federal agency that helps define product safety and can announce recalls of defective products, there are no federal laws covering product injury cases.

If a defective product injures you or a family member, your rights to compensation will be based primarily on state laws or statutes.

Some states model their product liability laws on the Uniform Commercial Code (UCC) which is a collection of laws written by a non-government commission to promote consistency between the states.

States make their own laws that can affect your claim, such as:

  • Statute of Limitations – The deadline to file a product liability lawsuit varies from state to state
  • Award Limits – Some states limit compensatory and punitive damage awards
  • Retailer Liability – Some states won’t allow legal action against the seller who sold a defective product in their store
  • Joint and Several Liability – When more than one party is at fault, the state decides if you can go after one party for the full amount of your damages (that party would then need to get payback from the other at-fault parties)
  • Allocation of Fault – If you share the blame for the circumstances of your injuries, the state decides if that will kill your claim or reduce your right to compensation.

Find your state’s laws on this chart of Product Liability in All 50 States.

Shared Blame for Your Injuries

Allocation of fault laws in your state is a big deal for injury claims. When you file a product liability claim, the first thing the manufacturer will try to prove is that you are the one to blame for your injuries.

Depending on your state tort laws, shared blame can sink your personal injury case.  In a few states, your case is over if you are as little as one percent to blame for the circumstances of your injuries. In others, you can still seek compensation even if you’re 99 percent to blame for your injuries.

However, most states use modified comparative fault rules, meaning you can lose your right to compensation if you are more than 50% to blame for causing your injury. If your claim isn’t denied, your compensation is reduced according to your share of blame.

Understanding Negligence and Strict Liability

Product liability cases are different from other personal injury case types. In defective product cases, the victim generally doesn’t have to prove negligence. The only evidence needed is proof of injury and proof of the product’s defect to meet strict liability standards.

Once the injury is verified and the defect established, the victim has met their burden of proof. Then it’s up to the manufacturer to prove the product wasn’t defective.

Obvious Defect Claims

In some product liability cases, the product defect is so obvious that anyone can recognize the problem. The fancy legal term is Res Ipsa Loquitor which is Latin for, “the thing speaks for itself.”

When your attorney argues your case under the Res Ipsa Loquitor theory, they will enter evidence to show:

  1. The product defect is obvious
  2. You were injured by the product

When a reasonable person can look at a product and, without any other proof, recognize the product is defective, then strict liability immediately applies.

Defects Aren’t Always Obvious

Unlike a car accident or slip and fall claim, in defective product cases, the victim doesn’t need to gather circumstantial evidence to prove the manufacturer was negligent. However, the victim must identify the defect which caused their injuries.

Not all types of product defects are obvious. A product liability attorney may have to subpoena design documents, depose the company’s product designers, conduct independent product testing, and more.

Expert testimony about the product defect can make or break your case.

Case Example: Million Dollar Verdict for Faulty Refrigerator

The Russell family wasn’t home in February 2010 when a fire destroyed their house. Looking for answers, the Russells hired a certified fire investigator to determine what caused the fire.

After the investigator determined the fire originated from the family’s Whirlpool refrigerator, the Russells retained a registered professional engineer to perform an investigation and analysis. The engineering analysis determined that electrical defects in the refrigerator’s compressor caused the fire.

The Russell family filed a defective product lawsuit against Whirlpool. The Russells’ attorney, citing the expert testimony from the fire investigator and certified engineer, convinced the jury that the family lost their home because of the defective refrigerator.

The jury entered a verdict in favor of the Russell family, awarding $1,377,550 in damages. The verdict was confirmed on appeal.

Defenses to Strict Product Liability

Strict liability is not automatic. Some types of products are inherently dangerous, such as gasoline, table saws, carving knives, and other types of products that would not work for their intended purpose if they were made “harmless.” However, the manufacturer must provide ample warning of the danger to consumers.

Manufacturers may escape liability if they can prove:

  • The design, manufacture, and marketing of the product was flawless
  • The victim’s misuse or abuse of the product was responsible for their injuries
  • The victim was aware of the defect and its danger and used the product anyway
  • The victim ignored the warning label or instructions

If a manufacturer can prove any of the above circumstances, strict liability will not be automatic. Instead, the burden of proof will shift back to the victim, who then has to disprove the manufacturer’s defenses.

Who Pays for Defective Product Injuries?

No matter what kind of merchandise caused your injuries, you have a right to be compensated for losses caused by a defective product.

Depending on where you live, and the product that caused your injuries, the liability for your losses may fall anywhere along the line between the manufacturer and you.

In other words, your attorney could seek compensation from any party along the chain of distribution, including:

  • A company that made parts for the defective product
  • The company that installed or assembled the product
  • The wholesaler or retail distributor that sold the product to you

If you only suffered minor injuries, you may be able to file an injury claim on your own and negotiate a small settlement with the manufacturer’s insurance company. They won’t accept liability, but you might get a replacement product or some coupons.

Product liability cases involving serious losses can be complicated and expensive. You’ll need experienced product liability attorneys who can afford to cover the cost of court filings, hiring product experts, depositions, and other discovery expenses.

Product liability lawyers usually offer a free consultation to victims. If they take your case, the law firm only gets paid if your case settles or you win a court verdict.

There’s no obligation, and it costs nothing to get sound legal advice about your unsafe product case.

Product Liability Claims Questions

Charles R. Gueli, Esq. is a personal injury attorney with over 20 years of legal experience. He’s admitted to the NY State Bar, and been named a Super Lawyer for the NY Metro area, an exclusive honor awarded to the top five percent of attorneys. Charles has worked extensively in the areas of auto accidents,... Read More >>