August 14, 2025 | Product Liability Attorneys

Over the years we’ve seen the devastating effects that defective products can have on people’s lives—everything from minor injuries to catastrophic, life-changing harm. In this blog post, we’ll explain what a product liability claim is, the three primary types of product defects you can sue over, who can be held responsible, how these claims are proven, and the practical steps you should take if you or someone you love is hurt by a product.

Our goal is to provide clear, practical information that helps you understand your rights and options. If you find this information helpful, consider reaching out to us at 402-933-3345.  An attorney who handles product liability cases give you advice tailored to your situation.

What Is a Product Liability Claim?

Product liability is the area of law that covers injuries caused by defective products. A “product” can be anything a person uses or interacts with—cars, tires, child car seats, household appliances, tools, recreational equipment, medical devices, drugs, and even everyday items. When a product causes injury because of a defect, the injured person may have a legal claim against the parties responsible for that product.

Product liability claims are often based on the theory of negligence, meaning the manufacturer or other party failed to exercise reasonable care in designing, manufacturing, or warning users about the product. But the concept goes beyond negligence; depending on the jurisdiction and the facts, claims may also be framed under strict liability or breach of warranty. The important point is this: to bring a successful product liability claim you must be able to show the product was defective in some way and that the defect caused your injury.

The Three Types of Product Defects

Product liability law typically recognizes three categories of defects. Each category requires a different kind of proof and leads to different strategies when investigating a claim. The three types are:

• Design defects
• Manufacturing defects
• Failure to warn or inadequate labeling

1. Design Defects

A design defect exists when a product’s design is inherently unsafe, regardless of how carefully it is manufactured. In other words, the product as designed poses unreasonable risks to users. A product with a design defect is dangerous “as intended.”

Example: Imagine a vehicle that is so out of balance that it flips over in common types of collisions. If the vehicle was built exactly according to specifications and quality control was followed, but the way engineers designed it makes it prone to tipping and rolling over in ordinary crashes, that’s a design defect. You can’t cure a flawed design with a warning or better manufacturing—if the design is inherently unacceptably dangerous, the manufacturer should have redesigned it or taken it off the market.

How a court evaluates design defects varies, but common tests include:

• Was there a reasonable alternative design that would have made the product safer at a similar cost and without impairing its utility?
• Was the risk obvious to a reasonable consumer, or did the manufacturer know or should have known about the risk?

Design defect cases often require engineering experts who can explain the alternative designs and the feasibility of safer options.

2. Manufacturing Defects

Manufacturing defects occur when a product departs from its intended design during the production process. The design itself may be safe, but something went wrong on the assembly line or in materials handling, producing a dangerous product.

Example: A tire design might be perfectly safe, but if foreign material contaminates the tire during manufacturing and causes the tread to separate on the highway, the tire becomes defective. The injury was caused by a mistake in the manufacturing process—not by the design.

Manufacturing defect claims usually focus on whether the particular unit that caused the injury deviated from the manufacturer’s specifications or industry standards. Evidence often includes:

• The defective product itself (or parts of it)
• Quality control and plant records
• Photographs and testing of the failed part
• Expert testing that reproduces or explains the failure

3. Failure to Warn (Inadequate Labeling)

Sometimes a product is reasonably designed and properly manufactured, but it has risks that require clear warnings or instructions. A failure-to-warn claim (also called a marketing defect) alleges the manufacturer did not adequately inform users of a product’s dangers or give clear instructions for safe use.

Example: A child car seat that must be used in the back seat and rear-facing for a certain age and weight range—but the box shows a picture of the seat on the front passenger seat facing forward—creates a real risk. Many consumers rely on the pictures and packaging rather than reading dense instruction manuals. If the package or instructions are inconsistent, misleading, in the wrong language, or omit critical safety information, that can form the basis for a claim.

Warnings must be:

• Clear and unambiguous
• Prominent and understandable to the average user
• Consistent with diagrams and pictures on packaging
• Provided in the language(s) reasonably expected for the product’s market

Tobacco labeling is a historical example: for decades companies misled the public about the dangers of smoking. When it was shown that warnings were insufficient and deceptive advertising downplayed risks, manufacturers faced huge lawsuits and had to add explicit health warnings to cigarette packages.

Who Can Be Held Liable?

A product liability claim can potentially be brought against anyone in the chain of distribution who played a role in designing, manufacturing, distributing, or selling the product. Typical defendants include:

• Product designers and engineers
• Manufacturers of component parts
• Assembly companies
• Wholesalers and distributors
• Retailers and resellers

The specific defendant or defendants depend on the facts. For example, a manufacturing defect points to the company that actually made the unit that failed. A design defect or failure to warn may implicate the product’s designer, brand owner, or others who controlled the product’s safety features and instructions.

How Product Liability Claims Are Proven

Proving product liability typically involves three broad areas of proof:

1. Show the product was defective (design, manufacturing, or warning).
2. Show the defect caused the injury.
3. Show damages resulted from the injury (medical bills, lost wages, pain and suffering, etc.).

Because products are technical, you will usually need experts early on. Engineers, materials scientists, accident experts, medical experts, toxicologists, and industry specialists help prove how and why a product failed.

Documentation is crucial. Important evidence includes:

• The defective product and all packaging, manuals, or labels
• Photographs of the scene and injuries
• Maintenance and usage records
• Purchase receipts, serial numbers, and registration
• Plant, shipping, and quality control records (for manufacturing claims)
• Emails, design files, test reports, and internal communications (for design and warning claims)

Because critical evidence can be altered, repaired, or lost, preservation is a top priority. If a product that caused an injury is repaired, discarded, or allowed to deteriorate, it can severely weaken a claim.

What You Should Do Immediately After an Injury Caused by a Product

If you or someone you love is injured by a product, quick action can make a major difference in preserving your rights. Here are practical, concrete steps to take right away:

4. Seek medical attention. Your health is the priority. Get prompt care and keep all medical records.
5. Preserve the product. Do not repair, alter, or throw away the item. Keep it in the condition it was in after the injury, if possible. That includes keeping parts, packaging, manuals, decals, or labels.
6. Document everything. Take photos of the product, the scene, your injuries, and anything else relevant. Write down the date, time, and a short description of how the incident occurred.
7. Save receipts and proof of purchase. Keep warranty cards, registration info, and receipts.
8. Get witness information. Identify anyone who saw what happened and collect their names, phone numbers, and statements if possible.
9. Avoid placing blame publicly. Don’t post admissions or detailed descriptions on social media. Insurance adjusters and defense lawyers often use social media posts against claimants.
10. Contact an experienced product liability attorney. Product cases are technical and evidence-sensitive. An attorney can advise on preserving evidence, obtaining experts, and protecting your claim. If you wait, critical evidence may be lost.

Damages You May Recover

If you succeed in a product liability claim, possible recoverable damages typically include:

• Economic damages: Medical bills (past and future), lost wages, loss of earning capacity, rehabilitation and assistive devices.
• Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and physical impairment.
• Punitive damages: In cases where the defendant’s conduct is especially reckless or intentional, punitive damages may be available to punish the wrongdoer and deter similar conduct.

The exact categories and availability of damages depend on the law of the state and the specifics of the case.

Why You Need an Attorney Early

Product liability cases frequently require technical investigation, immediate preservation of physical evidence, and experienced experts. An attorney familiar with product liability can:

• Advise on what not to do (for example, don’t throw away the product or let it be repaired).
• Help preserve the item and collect critical evidence (packaging, serial numbers, receipts, photos, witness statements).
• Identify and engage the right expert witnesses—engineers, materials scientists, accident expertss, medical specialists—early in the case.
• Obtain internal corporate documents through discovery that show how the product was designed, tested, and manufactured.
• Prepare a legal strategy tailored to whether the claim is for design defect, manufacturing defect, or failure to warn.

The earlier you consult with counsel, the better your chances of preserving crucial evidence. Mistakes in the initial days after an injury—like discarding the product or letting an unqualified repairer modify it—can be irreversible.

How Cases Typically Progress

While each case is unique, many product liability cases follow a typical path:

11. Initial consultation and investigation: Attorney meets with you, gathers facts, photographs, and the product.
12. Preservation and expert review: Experts examine the product and render opinions about the existence of defects and causation.
13. Filing a lawsuit: If the evidence supports it, a complaint is filed against the likely defendants.
14. Discovery: Parties exchange documents, take depositions, and obtain internal records from the manufacturer and other defendants.
15. Settlement negotiations or mediation: Many cases settle once liability and damages become clear.
16. Trial: If no settlement is reached, the case may go to trial, where evidence and expert testimony are presented to a jury.

Because product liability litigation can be lengthy and costly, effective early investigation and negotiation are often the keys to a good outcome.

Final Thoughts and Practical Advice

Defective products cause thousands of injuries every year. If a product injures you or someone you love, don’t underestimate the importance of quick, informed action. Preserve the product and any packaging. Get medical care and keep records. Take photographs and collect witness information. And consult an experienced product liability attorney as soon as possible so evidence can be preserved and the right experts brought in.

Product liability claims can be complex and technical. Whether the issue is a flawed design, a problem in manufacturing, or inadequate warnings, each claim requires careful fact gathering and expert analysis. Acting promptly helps protect your ability to prove the defect and the harm it caused.

Will my claim go to trial?

Many product liability cases settle through negotiation or mediation after liability and damages are investigated. Some cases, however, require trial if the parties cannot agree on a fair settlement.

Product liability law exists to hold companies accountable when defective products harm people. Whether the problem is design, manufacturing, or a failure to warn, victims deserve a thorough investigation and, where appropriate, fair compensation for their losses.

If you or a loved one has been injured by a product, don’t delay: preserve the evidence, seek medical care, and consult an experienced product liability attorney so you can protect your rights and pursue the recovery you deserve.

What Is a Product Liability Claim