What is Product Liability?
There are three main types of product defects:
- Marketing/Labeling Defects⎯The product lacks proper warnings, instructions, or safety labels (e.g., a cleaning chemical sold without hazard warnings).
- Design Defects⎯The product is inherently unsafe because of the way it was designed (e.g., A children’s toy designed with small detachable parts that present a choking hazard for toddlers.).
- Manufacturing Defects⎯Something went wrong during production, making the product unsafe (e.g., a batch of medicine contaminated in the factory).
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What Evidence Do You Need For the Defective Product?
Evidence is the foundation of any legal claim. As soon as you realize a product is defective and has caused harm, start documenting everything.
What Evidence Do You Need For the Defective Product?
Evidence is the foundation of any legal claim. As soon as you realize a product is defective and has caused harm, start documenting everything.
Keep the Product
Do not throw the defective item away because this will be the most critical piece of evidence. Keep it stored in a safe place where it won’t be altered or damaged further.
Document Everything
Take clear photos and videos of the product, any damage it caused, and any injuries that were sustained. Also, photograph the scene of the incident if applicable.
Gather Documentation
Find and keep the receipt or proof of purchase, the product packaging, instruction manuals, and any warranty information. These documents will show when and where you bought the item.
Keep a Record of Any Medical Treatment
If you were injured, seek medical attention immediately. Keep detailed records of all doctor visits, treatments, medications, and related expenses. These records prove how the defective product caused injuries.
Product Recall
It’s always a good idea to be on the lookout for product recalls. A recall is a sign that the manufacturer knows there’s a problem with the product. This can be valuable evidence if you’ve been injured by that product. Whether it’s a faulty design, a missing safety feature, or a manufacturing defect, recalls show that the issue is serious enough to warrant a warning to the public. If you’ve been harmed by a recalled item, saving that notice can play an important role in building your case.
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What Damages Can You Recover After Being Sold a Defective Product?
Medical Expenses
If the defective product caused physical harm, you can recover the cost of medical treatment. This can include:
- Emergency room visits
- Hospital stays and surgeries
- Prescription medications
- Physical therapy or rehabilitation
- Future medical care if ongoing treatment is required
Lost Wages and Loss of Earning Capacity
Injuries may cause you to miss work, resulting in lost income. You can claim compensation for:
- Wages lost while recovering
- Missed bonuses, commissions, or benefits
- Reduced ability to work in the future⎯if the injury causes long-term disability or limits what kinds of jobs you’re able to do (e.g. if your leg was damaged, you might only be able to work desk jobs)
Property Damage
In some cases, a defective product doesn’t cause injuries, but also damages your property. For example, a faulty kitchen appliance might cause a fire, or a defective car part could cause your vehicle to be totaled. In these cases, you can seek reimbursement for the repair or replacement costs.
Pain and Suffering
Not all damages are financial. You may also collect compensation for the physical pain and emotional suffering caused by your injury. This includes:
Product liability claims also cover the impact of the injury like physical or emotional suffering that causes:
- Chronic pain
- Emotional suffering (anxiety, depression, PTSD)
- Loss of enjoyment of life or hobbies
- Sleep disturbances or lifestyle changes due to the injury
Wrongful Death Damages
If a defective product results in a loved one’s death, surviving family members may be entitled to damages for:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship
- Emotional distress of surviving family members
Postman Law has won many settlements and verdicts for plaintiffs in pressure cooker lawsuits against manufacturers due to severe burns or injuries.
Punitive Damages
A punitive damage lawsuit is a legal case in which the plaintiff seeks punitive damages—granted in addition to compensatory damages like medical bills, property damage, or pain and suffering. They are usually awarded when the defendant knew about a risk or defect but ignored it, or acted with gross negligence or intentional misconduct. The amount awarded can vary, and is often determined by a jury.
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How to Pursue a Product Liability Claim with postman law
If you’ve been injured by a defective product or have questions, it’s a good idea to speak with a product liability attorney. At Postman Law, we work with anyone nationwide to ensure your rights are protected, advise you on the types of damages you may be entitled to, and represent you in discussions with manufacturers, insurers, or in court. Working with a skilled attorney will make managing your claim easier, and increase your chances of obtaining fair compensation. Fill out our online form, or call Postman Law today for a free consultation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
FAQs
A defective product is one that is dangerous due to a design flaw, manufacturing defect, or failure to provide adequate warnings or instructions. If the defect causes injury or property damage, it may be grounds for a lawsuit.
Liability may extend beyond the manufacturer depending on the case, so designers, manufacturers, distributors, wholesalers, and retailers can all potentially be held responsible for selling a defective product.
Many defective product cases are based on strict liability, meaning you don’t have to prove negligence, only that the product was defective and caused your injury while being used as intended or in a way that could be expected.
Common evidence includes the product itself, photos or videos of the defect, medical records, receipts or proof of purchase, expert testimony, and documentation showing how the injury occurred.
The time limit depends on your state’s statute of limitations, so it’s important to contact a product liability attorney at Postman Law to make sure you meet deadlines.
You may still have a claim even if the product was borrowed, gifted, or provided by an employer, if you were injured by a defective product.
Compensation may include medical expenses, lost income, pain and suffering, future care costs, and in some cases, punitive damages.
Many defective product claims are resolved through settlements, but some cases do go to trial, especially if the manufacturer disputes liability or the severity of injuries.
Nothing! Postman Law works on a contingency fee basis, which means you don’t pay anything upfront. We only charge a fee if we win your case or secure a settlement for you. The fee is typically a percentage of the total compensation you receive.
Postman Law specializes in personal injury cases, including car and truck accidents, slip-and-fall injuries, medical malpractice, product liability, wrongful death, workplace injuries, and more. Our attorneys have secured over $3 billion for more than 1.4 million clients.
We move quickly to gather evidence, thoroughly investigate your case, negotiate with insurance companies on your behalf, and represent you in court when necessary. You pay nothing up front. We only collect a fee if we secure compensation for you.
Throughout your case, we stay in close communication, answering your questions, explaining your options, and guiding you every step of the way. Contact us today to schedule a free case consultation.
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