When you purchase a product—whether it’s a household appliance, prescription medication, vehicle, or children’s toy—you trust that it’s safe to use. But what happens when that trust is broken, and the product causes injury, illness, or worse?
This is where a product liability lawyer becomes essential. If you’ve been harmed by a defective or dangerous product, you may have the legal right to pursue compensation. But navigating the complex world of product liability claims requires more than just filling out a form. It demands a deep understanding of consumer protection laws, corporate liability, and the legal process.
In this post, we’ll break down what product liability law entails, the role of a product liability attorney, and when you should consider hiring one.
Understanding Product Liability
Product liability refers to a manufacturer or seller being held liable for placing a defective product in the hands of a consumer. This area of law is designed to protect individuals from unsafe products and hold businesses accountable for negligence in the design, manufacturing, or marketing of their products.
There are three main types of product defects:
- Design Defects – These occur when a product is inherently dangerous due to a flaw in its design. Even if manufactured correctly, the product poses a risk to users.
- Manufacturing Defects – These happen when a mistake in the production process causes a product to become unsafe.
- Marketing Defects – Also called “failure to warn,” these involve inadequate instructions, missing safety labels, or misleading advertising that fails to communicate the risks associated with using the product.
In any of these cases, a product liability lawyer helps identify where the failure occurred and who should be held accountable.
The Role of a Product Liability Lawyer
A product liability attorney specializes in representing individuals who have been injured due to defective or dangerous products. Their job is to protect the rights of consumers and pursue compensation for medical bills, lost wages, pain and suffering, and other damages.
Here’s what a product liability lawyer typically does:
- Investigates the defect to determine how and why the product failed
- Identifies liable parties, which could include manufacturers, distributors, retailers, or even third-party testing labs
- Collects evidence, such as product manuals, warning labels, technical specifications, and recall records
- Works with industry experts to validate the claim
- Negotiates with insurance companies on your behalf
- Represents clients in court, if a fair settlement cannot be reached
Because these cases often involve powerful corporations and large insurance providers, hiring a skilled product liability attorney is essential to leveling the playing field.
When Should You Hire a Product Liability Lawyer?
If you’ve been injured or made ill by a product, you should consult with a lawyer as soon as possible—especially if any of the following applies:
- The product caused serious injury or required hospitalization
- A child or elderly person was harmed
- You lost income because of the injury
- You are facing long-term rehabilitation or disability
- The product is part of a known recall
- The manufacturer or seller refuses to accept responsibility
- You are being pressured to accept a quick settlement
A consultation with a product liability lawyer can help you understand your rights and determine if you have a valid case. Many attorneys, including Josh Maness, offer free initial consultations to discuss your situation.
Common Examples of Product Liability Cases
Product liability claims can involve a wide range of items. Below are some common examples:
1. Defective Pharmaceuticals
Prescription drugs that are improperly tested or fail to include necessary warnings can cause severe side effects or even death. Drug companies have a responsibility to ensure that medications are safe and clearly labeled.
2. Automotive Defects
Tires that blow out, airbags that don’t deploy, or brakes that fail can lead to catastrophic accidents. Product liability lawyers often work on auto-related claims involving parts or systems that should have kept drivers safe.
3. Dangerous Children’s Toys
Toys with small detachable parts, sharp edges, or toxic materials can be life-threatening for young children. A manufacturer’s failure to follow safety regulations can make them legally responsible for any harm caused.
4. Faulty Household Appliances
Appliances that spark, explode, or cause electrical burns are more common than many people realize. If a kitchen device or power tool malfunctions during normal use, it may be grounds for a claim.
5. Construction and Industrial Equipment
Workers injured by defective ladders, safety harnesses, or heavy machinery may be entitled to pursue a product liability claim, especially if the injury was not caused by operator error.
What Compensation Can You Recover?
A successful product liability claim can provide compensation for several categories of damages, including:
- Medical expenses (both immediate and long-term)
- Lost income due to time away from work
- Reduced earning capacity, if you’re unable to return to your previous job
- Pain and suffering, including physical discomfort and emotional distress
- Permanent disability or disfigurement
- Wrongful death, including funeral costs and loss of companionship (in fatal cases)
The exact amount depends on the nature of the injury, the strength of your case, and the impact on your quality of life. A product liability lawyer will work to ensure that all aspects of your damages are documented and pursued through the appropriate legal channels.
Challenges in Product Liability Cases
Unlike simpler personal injury claims, product liability lawsuits can be highly technical. You may be going up against a major manufacturer with its own legal team and an extensive defense strategy.
Some of the biggest challenges include:
- Proving the product was defective at the time it left the manufacturer
- Demonstrating the injury was caused directly by the product
- Overcoming corporate denial or attempts to shift blame
- Dealing with class action dynamics, if multiple people were affected
- Filing within the statute of limitations, which varies by state
These challenges make it essential to have a legal professional on your side. Josh Maness has the experience and resources to manage complex liability cases and guide clients through every step of the process.
How a Product Liability Lawyer Builds a Strong Case
Building a compelling case takes time, detail, and strategic planning. Here’s a closer look at the steps a product liability lawyer takes to strengthen your position:
- Case Evaluation Your lawyer will review the details of your injury and examine the product in question to determine if there’s a legal basis for a claim.
- Evidence Collection This includes obtaining medical records, photographs of the product, accident reports, and any communications with the seller or manufacturer.
- Expert Testimony Product engineers, medical professionals, and safety analysts are often called upon to explain how the product was defective and why it caused harm.
- Legal Filing A formal claim is prepared and submitted to the appropriate court. This outlines the allegations and seeks specific compensation.
- Settlement Negotiations In many cases, the liable party will offer a settlement. Your attorney will advise you on whether to accept, reject, or negotiate further.
- Trial Representation If no fair settlement is offered, your lawyer will present your case before a judge and jury, fighting for the full value of your damages.
Final Thoughts: Don’t Wait to Protect Your Rights
Every day, people are injured by products that should have been safe. Many never take legal action, either because they don’t know their rights or because they feel powerless against large corporations. But you don’t have to go through it alone.
A product liability lawyer like Josh Maness can be the advocate you need to hold negligent manufacturers accountable and recover the compensation you deserve. From investigation to resolution, he works to protect consumers, enforce safety standards, and secure justice for those harmed by unsafe products.
Speak to a Product Liability Lawyer Today
If you or someone you love has been injured by a defective product, don’t wait to explore your legal options. Josh Maness offers skilled, compassionate legal representation for individuals harmed by unsafe consumer goods, medications, vehicles, and more.
Visit joshmaness.com to schedule a free consultation with an experienced product liability lawyer. Learn your rights, understand the legal process, and take the first step toward recovery today.