Product liability claims proceed on three defect theories: manufacturing defect, where the unit departed from its design; design defect, where the design itself is unreasonably dangerous; and failure to warn, where the risk was not adequately communicated.
Claims may be pleaded in strict liability, negligence, and breach of warranty, often simultaneously, and liability can extend through the chain of distribution.
Alternative Names:
Products Liability, Product Defect Litigation
Why it Matters?
Product cases combine catastrophic damages with company-wide exposure, since a design or warning theory implicates every unit sold rather than one incident. They also open discovery into design history, testing, complaint databases, and regulatory submissions, which is where punitive damages theories originate. Early preservation of the product itself is critical, because the physical evidence is frequently the case.
Frequently Confused with
Related terms
Frequently asked questions
What are the three product defect theories?
Who can be liable in a product case?
