Do I Have a Product Liability Case?

product liability is written in chalk on a small slate with a judge's gavel positioned next to it

Product-related injuries are not rare and, according to data from the National Safety Council, more than 15 million Americans received emergency care for injuries in 2024. Product liability laws allow people harmed by defective goods to sue the parties responsible, but how do you know whether your situation qualifies for legal action?

The trial attorneys at Bell Legal Group can help you by assessing the potential product defect, your injuries and impacts, and legal theories to help you decide whether you should pursue a claim. Let’s take a deeper look at defective product claim requirements and how our attorneys can help.

Assessing the Elements of a Product Liability Claim

When considering whether you have a viable claim, the trial attorneys at Bell Legal Group may ask these questions:

1. Was the product defective due to a flawed design, manufacturing, or failure to warn?

An attorney may investigate the item for one or more of these defects:

  • Design defect – The item’s blueprint is faulty and thus affects every unit produced.
  • Manufacturing defect – An error in the production process causes a hazardous deviation from the intended configuration.
  • Marketing defect – Also known as a failure to warn, this occurs when inadequate safety notices or instructions don’t alert consumers to an item’s potential risks.

If you still have the product, do not alter or destroy it, but instead save it for your attorney to investigate.  Getting rid of the product makes establishing the defect challenging, but does not automatically void any potential case. Receipts, photos, videos, and witness statements can also help identify the item in question and explain how the malfunction occurred. While an item recall does not automatically mean a harmed consumer has a case, it can help substantiate a product’s defect.

2. Did your experience lead to injuries, medical expenses, lost wages, or other damages?

For a product liability case to be valid, a person must have experienced physical, financial, or emotional harm resulting from the defective item. Common types of damages include injuries, medical expenses, lost wages, property damage, and pain and suffering.

You and your legal team should gather medical records and prognoses, injury photos, invoices for medical care, and documentation of missed work as evidence. You can also provide statements on the emotional impact the injury made on you and your family.

3. Is there a direct link between the product’s defect and your injury?

A product liability claim must demonstrate a clear and direct link between the product’s flaw and the injuries or damages sustained.

4. Were you using the product as intended or in a predictable way?

When a product is used as intended but still injures you, the manufacturer could be liable for injuries resulting from the defect. Using a product “wrong” or not exactly as instructed may complicate your case, but doesn’t necessarily negate your claim.

Showing that similar products are used in an alternative manner and that a manufacturer had knowledge of the item’s various applications can support an argument of foreseeable use. Examples of evidence that may establish reasonable-use cases include:

  • Instructions or marketing materials
  • Design documents
  • Testing materials
  • Market research
  • Customer complaints and reviews

Important Deadlines for Defective Product Lawsuits

To make sure you give your product injury attorney adequate time to assess and substantiate your claim, don’t delay coming forward. The statutes of limitations—expiration dates for pursuing legal claims—are dictated by each state’s jurisdiction, and missing these can impede your eligibility.

The deadlines can also shift depending on legal theories, the entity named in the complaint, and other factors, shortening your timeline.

Next Steps: Safeguard Your Legal Rights

Protect your right to file a claim by gathering evidence and speaking up. Important steps to take after a defective product injury include:

  1. Retaining defective merchandise in its current condition, without attempting any repairs, and gathering packaging, instructions, and receipts.
  2. Documenting everything to create a timeline of the product use and injury, recording the accident scene, and cataloging all treatments, diagnoses, and impacts of the harm.
  3. Consulting with an attorney to assess your potential product liability claim.

If a product caused you or a loved one harm, we’d like to hear from you. Our trial attorneys are dedicated to holding the manufacturers, distributors, and sellers of defective items liable. Contact us today to share your story.