Product Liability Legal Help
By Christie Nicholson, J.D. | Legally reviewed by Oni Harton, J.D. | Last reviewed October 12, 2023
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
You may be entitled to damages if you harm yourself or become sick after using a dangerous or defective product. However, product liability lawsuits can be complicated to handle on your own. Even experienced product liability attorneys rely on experts to help prove their cases.
Most people injured by a dangerous product or medical device have no idea how to sue the manufacturer or other parties responsible for their injuries. That is to be expected.
Most people will never be involved in product liability litigation, mass tort cases, or class action. That's why it's a good idea to contact an attorney with extensive experience handling cases involving manufacturing defects, inadequate labeling, or design defects.
This article will offer helpful resources to help you move your product liability suit in the right direction. You'll find articles on consumer protection laws, a defective products questionnaire, and links to relevant government agencies here.
This article also includes resources to help you find a product liability lawyer and the legal team right for you and your case.
Evaluating a Product Liability Case
Suing somebody for a defective or dangerous product is no easy feat. This area of law can be more complicated than other injury claims. Your individual case will be different from every other case your trial lawyers have handled in the past.
Once you have your case evaluation, your attorney must review the evidence available in your case. They need to determine which parties to name in your lawsuit. They also need to talk to experts who can help prove that you suffered serious injuries.
Finally, your product liability attorney will analyze your case to see what damages to demand in your lawsuit. In most defective product cases, plaintiffs demand some or all of the following:
- Medical expenses
- Future healthcare expenses
- Lost wages
- Lost future income
- Pain and suffering
- Property damage
- Punitive damages
You should immediately seek legal services if a faulty product injures you or a loved one. Most practice groups have attorneys with years of experience handling product liability claims. To find a product liability lawyer near you, visit our attorney resources page.
Did You Suffer Actual Damages?
Before you file suit, your attorney must determine what damages you're entitled to. If your case goes to trial, you must prove your damages. Otherwise, you won't receive a jury verdict in your favor.
Most of these cases are settled out of court. This is the norm with most strict liability cases. Regardless of the jurisdiction where your attorney files your lawsuit, there will be laws that speak to the kind of damages you can receive.
For example, there is no limit to how much you can demand in punitive damages in New York. Other states cap how much the judge can order the defendant to pay.
If you have only minor injuries or minimal financial losses, spending the time and energy to pursue your claim may not make sense. Also, attorneys may be less inclined to represent you because it needs to make business sense for them to do so.
Federal Laws and Product Liability
Primarily, state law governs product liability cases. Occasionally, the federal government will move to preempt an entire area of product liability law from state control to protect a particular group of manufacturers.
There are specific federal statutes that address certain industries and product categories. For instance, automobile manufacturers must comply with numerous safety regulations, including the following:
- Crash test ratings
- The use of seat belts
- Other specifications required for legal sales
When companies fail to comply with the regulations required for their industry or product, they face severe liability for any injuries resulting from the lapse.
How a Product Liability Lawyer Can Help
After any situation involving a dangerous or defective product, you should speak with an experienced attorney who will evaluate your case to ensure that your legal rights are fully assessed and protected.
An attorney can explain what you can expect at every step of your personal injury case and will take action on your behalf. Your attorney will do the following:
- Research the law
- Interview witnesses
- Collect records
- Confer with expert consultants
- Plan legal strategy
- Negotiate with insurers and opposing counsel
Your attorney will work hard to strengthen your position and ensure your fair recovery.
Learn About Product Liability Legal Help
- Consumer Protection Laws and Agencies - This is a collection of consumer protection laws and agencies, including the U.S. Food and Drug Administration, the National Highway Traffic Safety Administration, and the U.S. Consumer Products Safety Commission.
- Product Defect Legal Help - This article includes the basics of how an attorney can help you with a product liability claim. Learn about the stages of a product liability case, which documents and records to collect, and how to find the right attorney for your case.
- Product Liability Resources - This features a list of product safety agencies and organizations. This section includes links to several consumer protection agencies, including the Food and Drug Law Institute, the National Safety Council, and the Institute for Safe Medication Practices.
- Product Liability Questionnaire - To prepare your product liability case, your lawyer will need to know all the details about how, when, and where you were injured. This questionnaire will help you provide your attorney with the necessary information.
- U.S. Consumer Products Safety Commission - The CPSC is a federal agency whose primary purpose is to reduce injuries to consumers. Find consumer product safety alerts and other helpful information regarding defective products and consumer protection laws
- Product Liability Law FAQ - FindLaw - You may have a potential legal claim if you injured yourself while using a dangerous or defective product. Find answers to questions that will help you determine if you have a claim for damages.
You Don't Have To Solve This on Your Own – Get Help
The good news is that you don't have to handle this alone. Visit our attorney directory to find a product liability lawyer near you who can help.