Product Liability Lawyer

Every day, consumers trust that the products they buy, from household appliances to prescription medications, are safe for use. When a defective or dangerous product causes harm, the consequences can be life-altering. Product liability law exists to hold manufacturers, distributors, and retailers accountable when negligence or design flaws lead to injury.
At Rafaeli Law PLLC, our attorneys handle complex defective product cases with precision, helping injured individuals pursue rightful compensation through legal action.

Understanding Product Liability Law

Product liability refers to the legal responsibility of manufacturers or sellers for placing a defective product into the hands of consumers. Under U.S. law, liability may be based on negligence, strict liability, or breach of warranty. Each legal theory requires proving that the product was defective, unreasonably dangerous, and directly responsible for the injury.

  • Negligence: When a manufacturer or seller fails to exercise reasonable care in design, production, or testing. This may involve using substandard materials or ignoring safety standards.
  • Strict Liability: Holds companies accountable even without negligence if a defect makes a product unsafe.
  • Breach of Warranty: Occurs when the product fails to meet safety promises made through labeling or advertising.

According to the U.S. Consumer Product Safety Commission (CPSC), over 30 million injuries and 22,000 deaths occur annually due to defective consumer products. These numbers highlight the importance of consumer safety regulations and the need for experienced legal representation.

If you’d like to explore related cases, visit our Case Results page to learn how product liability victims have secured justice.

Common Types of Product Defects

Defective products generally fall into three main categories:

  • Design Defects – A design defect occurs when a product is inherently dangerous due to a flaw in its design. Every item produced under that blueprint is likely unsafe. For example, vehicles prone to rollovers or children’s furniture lacking stability are classic design defect cases.
    Learn more about related personal injury claims by visiting our Personal Injury Practice Area.
  • Manufacturing Defects – These defects occur during the production phase, such as contaminated drugs, faulty electrical wiring, or missing safety components. Even one small oversight can result in thousands of defective products reaching consumers.
  • Failure to Warn (Marketing Defect) – Manufacturers must provide adequate instructions and warnings. If they fail to alert users of potential risks—like side effects, choking hazards, or fire dangers—they can be held liable. The Food and Drug Administration (FDA) monitors warning compliance for drugs and medical devices, but many cases still slip through, leading to large-scale recalls.

Establishing Liability in a Defective Product Case

To win a product liability claim, four key elements must be proven:

  1. Defect: The product was defective in design, manufacture, or labeling.
  2. Timing: The defect existed before reaching the consumer.
  3. Causation: The defect directly caused the injury.
  4. Damages: The victim sustained measurable losses—medical, financial, or emotional.

Evidence is central to proving fault. Attorneys often collaborate with engineers, safety experts, and forensic specialists to demonstrate how a defect caused harm. Keeping receipts, manuals, and the defective product itself can be invaluable.

You can explore our Attorneys page to learn about the experience of legal professionals who handle such evidence-intensive cases.

Examples of Defective Product Cases

Defective products are found in nearly every industry:

  • Automobiles: Faulty airbags and brakes have triggered mass recalls such as the Takata airbag case, which affected over 67 million vehicles nationwide.
  • Household Appliances: Electrical malfunctions cause thousands of house fires annually, according to the National Fire Protection Association (NFPA).
  • Children’s Products: Dangerous toys and unsafe cribs often lead to recalls and class actions.
  • Medical Devices: Issues with implants, pacemakers, or mesh devices can cause chronic pain or surgical complications.
  • Pharmaceuticals: Unsafe drugs or inaccurate dosages result in severe health complications and mass tort lawsuits.
  • Construction Tools: Defective ladders or power tools are a common cause of workplace injuries.

If your injury involved one of these categories, review our Practice Areas for related services such as Premises Liability and Wrongful Death.

Damages Available in Product Liability Lawsuits

Victims of defective products may be entitled to compensation for:

  • Medical Expenses: Covers all current and future treatment costs, including rehabilitation and prescription medication.
  • Lost Income: Reimbursement for missed work and diminished earning capacity due to injury.
  • Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
  • Property Damage: Recovery for personal items or real property damaged by the defective product.
  • Punitive Damages: May apply in cases of reckless disregard for safety, such as corporate negligence or concealment of known risks.

In one high-profile example, the 3M Combat Arms Earplug litigation resulted in $6 billion in settlements for affected U.S. service members. This underscores how strong representation can lead to significant compensation.

Statute of Limitations and Filing Deadlines

Most states allow between two and four years to file a product liability lawsuit from the date of injury or defect discovery. Exceptions exist for long-term exposure or delayed symptoms, especially in pharmaceutical and toxic tort cases.

For a detailed look at time limits and your rights, see our Legal Disclaimer. If you are unsure about eligibility, contact our Legal Team for a free consultation.

How Attorneys Build Strong Product Liability Cases

A thorough product liability case often involves:

  1. Investigation: Reviewing design documents, manufacturing data, and safety testing.
  2. Identifying Parties: Holding accountable all responsible entities, from manufacturers to distributors.
  3. Expert Testimony: Partnering with engineers and medical experts to substantiate the claim.
  4. Negotiation and Litigation: Pursuing settlements or courtroom verdicts, depending on the case’s strength.

These strategies are vital in both individual and large-scale mass tort cases. Visit our Blog for insights into current litigation trends and consumer safety issues.

What to Do After Being Injured by a Defective Product

  1. Get Medical Help: Your safety and records are paramount.
  2. Preserve the Product: Store the defective item securely.
  3. Document Everything: Keep receipts, labels, and photos.
  4. Report the Product: Notify the CPSC Recall Database.
  5. Consult an Attorney: Legal guidance ensures evidence is preserved and your rights are protected.

Product Liability Case Overview Table

Case TypeDefect CategoryCommon InjuriesPotential DefendantsExample Verdict/SettlementRelevant Authority/Agency
Automotive DefectsDesign or ManufacturingWhiplash, burns, fractures, fatalitiesManufacturer, parts supplier, dealer$1.2B settlement (Takata airbag litigation, 2017)NHTSA
Medical DevicesDesign or Failure to WarnOrgan damage, infection, surgical revisionManufacturer, hospital, distributor$2.5B settlement (DePuy Hip Implant, 2013)FDA
PharmaceuticalsManufacturing or MarketingHeart attack, stroke, addictionPharmaceutical company, distributor$6B settlement (3M Earplug litigation, 2023)FDA
Children’s ToysDesign or Failure to WarnChoking, lacerations, suffocationManufacturer, importer, retailerMulti-million verdicts (various recalls 2018–2022)CPSC
Household AppliancesManufacturing DefectBurns, electrocution, property lossManufacturer, retailer$300M settlements (defective dryers and heaters, 2020)NFPA
Industrial EquipmentDesign DefectCrush injuries, amputationsEmployer, manufacturer, parts supplierConfidential settlements (nationwide cases)OSHA

Why Legal Representation Matters

Large corporations have powerful legal teams. Hiring a dedicated Product Liability Lawyer ensures a balanced fight for justice. A seasoned attorney can navigate regulations, evaluate damages, and represent clients in federal and state courts.

At Rafaeli Law PLLC, our legal professionals focus on accountability, safety, and recovery, standing with clients from the first consultation through resolution.

For other cases involving negligence or unsafe environments, explore our Negligent Security and Slip and Fall services.

Why Choose Rafaeli Law PLLC

Choosing the right attorney can make the difference between a dismissed claim and a successful recovery. At Rafaeli Law PLLC, clients trust our experience, integrity, and commitment to results.

  • Proven Track Record: Our attorneys have successfully handled complex defective product cases, securing millions in compensation for victims of corporate negligence.
  • Comprehensive Legal Insight: We combine technical knowledge with a deep understanding of product design, manufacturing standards, and consumer protection laws.
  • Personalized Attention: Every client receives dedicated support, transparent communication, and case updates at every stage.
  • Aggressive Advocacy: We stand up to major corporations and insurers, ensuring our clients’ voices are heard in negotiations and courtrooms.
  • No Upfront Fees: We work on a contingency basis; you pay nothing unless we win your case.
  • Resources and Expertise: From expert witnesses to in-depth investigations, our firm leverages national resources to strengthen each claim.

Justice for Defective Product Victims — Take the First Step Today

When corporations fail to put consumer safety first, the consequences can be devastating. Every defective product case is a reminder that accountability drives change and that your story matters. At Rafaeli Law PLLC, we help clients pursue justice with compassion and precision, ensuring negligent manufacturers are held responsible for the harm they cause. Whether your injury stemmed from a defective appliance, unsafe medication, or a mislabeled consumer product, you deserve answers, recovery, and peace of mind.

Don’t wait until crucial evidence disappears or deadlines pass. Reach out today to discuss your case with an experienced product liability lawyer and take the first step toward the justice and compensation you deserve.

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FAQ

Frequently Asked Questions

1. What qualifies as a “defective” product?

A product is defective if it poses an unreasonable danger during normal use or foreseeable misuse due to poor design, manufacture, or labeling.

2. Do I have to prove negligence?

Not always. Under strict liability, you only need to show that the defect caused harm. Learn more on our Personal Injury page.

3. Can I sue a retailer or seller?

Yes, any entity in the distribution chain may share liability.

4. What if the product wasn’t recalled?

You can still file a claim. Recalls are not required for compensation.

5. How long do I have to file?

Usually two to four years, depending on the jurisdiction. Contact Rafaeli Law for more details.

6. Can I join a class-action lawsuit?

Yes. If others were harmed by the same defect, your attorney may consolidate your case into a class action or MDL.

7. What damages can I recover?

You may recover medical bills, pain and suffering, lost income, and more.

8. Can I get a free consultation?

Yes, Rafaeli Law offers no-obligation consultations for product liability victims.

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If you are facing a personal injury or insurance dispute, Rafaeli Law PLLC is here to help. We are dedicated to protecting your rights and helping you secure the compensation you deserve.