Product Liability: Understanding Your Legal Rights and Options

Product liability is an area of law that holds manufacturers, distributors, and retailers responsible for any injuries or damages caused by their products. When a product is defective or dangerous, it can cause serious harm to consumers. If you’ve been injured by a defective product, it’s important to understand your legal rights and options. This article will provide essential information on product liability, including legal advice to help you navigate the process.

Types of Product Defects

Product defects can take many forms, including design defects, manufacturing defects, and marketing defects. Design defects occur when a product is inherently dangerous due to a flaw in its design. Manufacturing defects occur when a product is improperly made or assembled, making it dangerous. Marketing defects occur when a product is marketed in a way that is misleading or fails to warn consumers of potential risks.

Proving Product Liability

To prove product liability, you must demonstrate that the product was defective and that the defect caused your injuries. This requires expert testimony from a professional who can testify as to the defect and how it caused your injuries.

In addition, you must show that you were using the product in a way that was foreseeable and reasonable. For example, if you were injured by a kitchen knife while using it to open a package, this may not be a foreseeable use of the product.

If you’ve been injured by a defective product, you may have legal options to recover damages. This can include compensation for medical expenses, lost wages, pain and suffering, and other damages.

In most cases, product liability cases are settled out of court. This requires negotiation with the manufacturer’s insurance company, and it can be difficult to reach a fair settlement without the help of an experienced product liability attorney.

If a settlement cannot be reached, you may need to file a lawsuit. This can be a lengthy and complex process, and it’s important to have an experienced product liability lawyer on your side.

Hiring a Product Liability Lawyer

When choosing a product liability lawyer, look for someone with experience in product liability cases and a track record of success. You should also consider their communication skills, availability, and fees. Many product liability lawyers work on a contingency fee basis, which means that they only get paid if you win your case.


Product liability can have serious consequences for consumers, but understanding your legal rights and options can help you get the compensation you deserve. If you’ve been injured by a defective product, it’s important to seek legal advice as soon as possible. Proving product liability can be difficult, but with the right legal guidance, you can focus on healing and moving forward.

Thomas Elliott

Education: Brooklyn Law School, Brooklyn, New York. Pace University, White Plains, New York.
Professional Associations and Memberships: American Bar Association, New York State Bar, The Association of the Bar of the City of New York, Brooklyn Bar Association, National Academy of Elder Law Attorneys (NAELA).

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