Product Liability Claims: Overview And Examples (2026)

What Is Product Liability and Who Can Be Held Responsible?

Product liability involves the legal obligation that arises from manufacturing, selling and distributing products. Thus, product liability claims are typically brought against large-scale manufacturers, distributors and retailers.

The idea is that an individual consumer has little to no power against these parties, so the law gives them rights when a product injures them. For example, Texas law defines product liability as any legal action against a manufacturer or seller for harm caused by a defective product, including claims for the following:

• Personal injury
• Wrongful death
• Property damage
• Economic loss
• Injunctive relief

Suppose that you bought a propane barbecue with a defective valve. The resulting fire burned you and destroyed your garage. This is where product liability claims come in.

Through a claim, you could pursue compensation for any of these losses:

• Your injuries
• The replacement cost of your garage
• The economic losses you incurred because you were unable to work after the tools in your garage were damaged

In this way, product liability claims help consumers to hold companies responsible for the harm their products cause.

Three Types of Product Defects in Liability Claims

Product liability law applies to defective products. In most states, product defects fall into three categories:

Design Defects

Design defects are built into the product. There are many tests for determining whether a product has a defective design, including:

• A specific feature makes the product inherently defective.
• The product has no safe use for its intended purpose.
• The product’s inherent risks outweigh its intended benefits.

A classic example of a design defect is lawn darts. This game included large darts with sharp points that were meant to be thrown into the air by children. The inherent risks of lawn darts injuring a child outweighed their benefits of playing a game.

Manufacturing Defects

Manufacturing defects are introduced at the factory. In other words, the product would have been safe if it met its design specifications, but a defect introduced during the manufacturing process made the product more dangerous than intended.

For example, vehicle tires are made with layers of material called plies stuck together using adhesive. If the factory applies the adhesive at the wrong temperature or humidity, it does not stick correctly. The tread can then separate when the tire heats up during driving, causing rollover motor vehicle accidents.

Warning Defects

Warning defects, also called “failure to warn” defects, come from the instructions and warnings provided with the product. Generally, a product must include instructions explaining how to use the product safely. It should also include warnings against reasonably foreseeable misuses or user errors.

If a product lacks either of these, it may have a warning defect.

Legal Theories: Strict Liability vs. Negligence

Strict liability comes into play with inherently dangerous activities, such as making and selling mass-produced goods to the public that can cause widespread injury. Strict liability means that the at-fault party is liable regardless of any of the following:

• They did not intend to release a defective product.
• They did not know about the defect.
• They took reasonable measures to prevent the defect.

Importantly, a strict liability tort is not subject to many of the defenses available in a negligence case. Nevertheless, most product liability claims include both strict liability and negligence arguments to give plaintiffs multiple chances to win their cases.

Breach of Warranty Claims in Product Liability

Breach of warranty is the original theory used to hold manufacturers and sellers responsible for injuries caused by defective products. This contract claim is still used today because every product has an implied warranty of fitness.

If the product contains a defect that makes it too dangerous to use for its intended purpose, the manufacturer breaches that warranty.

How to File a Product Liability Claim

To file a product liability claim, your personal injury lawyer will identify the defect and the party responsible for it.

Manufacturers are a common party held responsible for these claims. In states that follow the Second Restatement of Torts, you can also pursue compensation from retailers that are in the business of selling those types of products. Additionally, sellers are liable when they modify the product and, thus, become a manufacturer.

Once they determine the party or parties responsible, your lawyer can then write a demand letter seeking compensation. In many cases, the lawyers and insurers for these parties will simply deny your claim, forcing your lawyer to file a lawsuit.

Evidence You Need for Your Product Liability Case

In a strict liability case, you only need to prove that the defect exists and that it caused your injury or illness. In many cases, your lawyer may need to hire an expert witness, such as an engineer to analyze the product or a medical doctor to explain how the product injured you.

For example, if you allege that a product caused cancer, you likely need a medical expert to explain the research connecting the product’s ingredients to the type of cancer you developed.

Compensation and Damages You Can Recover

You can seek compensation for economic losses, including the costs of your medical treatment and the income you lost. You can also pursue compensation for non-economic losses, such as disability, disfigurement, pain and suffering.

Connect With an Experienced Product Liability Attorney

Product liability cases can involve enormous companies and complex issues. For the best outcome, you need an experienced lawyer on your side.

At ConsumerShield, we help people like you by connecting them with vetted lawyers nearby. Contact us for a free case review today.