White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Can you sue for a defective product?

June 9, 2019 California Personal Injury Lawyers

There is no such thing as perfect manufacturing, and because of this, there will always be a risk for a defective product. One of the actions that are usually done by the store or the company to appease its customers is to replace the defective product, such as a defective handbagglass bong, or waist trainer, for free. But what if the defective product managed to damage the customer or the people around? Will he or she be able to file a claim for damages?

The Requirement For Defective Product Liability
You can file a claim for damages which you or your family acquired from using a defective product. However, you should also know when to file the claims and who will be the to be liable for it. There are only two general requirements in order for a customer to file a claim.

* The Product Becomes Unreasonably Dangerous Because Of The Defect
A plaintiff can only claim for a defective product liability when the defect in the product is the one that caused the injury. For example, if a doll has a defective arm, it is still not considered as a dangerous product. However, a car with a defective break is another story.

* The Product Caused An Injury
A defective product liability claim will be in action if the defective product caused an injury to a foreseeable user of the product. For example, if you buy a defective car without knowing its defect and you sustained injuries because of the defect acting up, you can claim the manufacturer or the seller, depending on the type f product defect.

Three Types Of Product Defect
1. Manufacturing Defect
A manufacturing defect happens when the defect is caused by an operation in the manufacturing site. The defect is a manufacturing defect when the error that caused it was done in the manufacturing site. Possible reasons for a manufacturing defect lax quality control or an honest error in the manufacturer’s site. An example of a manufacturing defect is a batch of cough syrup that is contaminated with a poisonous substance or a brand new laptop that will not turn on.

2. Design Defect
Design Defect happens when the defect is from the product’s design. So even if the manufacturing team produces the product perfectly, if the defect is in the design, these products can still be dangerous. Ane example of a design defect is when a laptop’s chassis failed to cool down the unit because of design inefficiencies.

3. Labeling Defect
In a labeling defect, the product can work perfectly but is deemed dangerous because of the problem in labeling. For example, if a very dangerous chemical doesn’t have proper handling instruction or safety labeling, and it caused an injury, the victim can claim for liabilities.

Can You Recover Damages From A Personal Injury?
One of the greatest factors in Defective Product Liability claims is the factor of negligence. The customer cannot claim a defective product liability against the manufacturer or the seller if he or she neglected and failed to use the product right. For example, if you failed to follow the instruction or proper handling of the product and in return, this injures you, you might not be able to to get recovery damages even though the product is actually defective.

If the neglect is in the part of the manufacturer, retailer, or distributor, the neglect must be proven first. After being proven, the plaintiff must have suffered in a legally compensable injury. Personal injury cases would fetch higher recovery damages due to the suffering and pain factor. However, if the damage is financial in nature, the plaintiff cannot sue for suffering and pain.

A defective product is a product with a defect in manufacturing or design. Defective products are considered dangerous due to these flaws. Products without proper instructions, directions, or warnings may also be defective. Many handbag manufacturers, waist trainer sellers have recently been sued  for defective products.

If an item you’ve purchased is defective, you likely have a lot of questions. This is particularly true if the product has caused any kind of physical injury. Treating your injury may be expensive, so it’s crucial to learn about suing for a defective product.

In this post, you’ll find the answers you’re looking for. Read on to discover what your legal rights are and how you can exercise them.

Can You Sue For A Defective Product?

The short answer is that you can indeed sue for a defective product. Most states have similar laws regarding these types of cases.

To sue for a defective product, you will need to show that the product is unreasonably dangerous. This means that you followed all instructions for the product, used it as intended, and still obtained an injury.

What Are Some Examples Of Defective Products?

There are dozens of different types of defective products. Most products are some type of personal property purchased by the injured party. Here are some examples:

  • toys
  • kitchen appliances
  • furniture
  • medication
  • makeup and beauty products
  • food
  • hardware

Overall, a wide variety of common products can be deemed defective. If you’re still unsure about the product that caused your injuries, consider talking to a personal injury lawyer. You’ll get straightforward and reliable answers and information.

Who Should You Sue For A Defective Product?

You may be confused about who you should sue for a product defect. In most instances, it’s best to sue all parties responsible for the manufacturing and distributing of products. These parties include:

  • manufacturers
  • retailers
  • wholesalers
  • distributors
  • suppliers
  • corporations

This list may seem overwhelming, but covering all of your bases is necessary. One or more of these parties may be responsible for the product defect.

You may need to do research to find the names of manufacturers, suppliers, corporations, and other parties. It’s best to get legal help for this because it can be a difficult process.

Do You Need A Lawyer To Sue For A Defective Product?

You are not legally required to hire a lawyer to sue for a defective product. However, it’s in your best interest to hire a personal injury attorney. This is true for many different reasons.

The parties responsible for the product have legal representation, and they will likely try to disprove your case. You need someone on your side with the legal knowledge and experience to build a solid case.

Additionally, the step-by-step legal process can be really confusing. A single error in paperwork or missing a step may ruin your case. An injury lawyer knows all of the ins and outs of suing for defective products.

How Do You Choose A Lawyer To Help You?

Picking a random lawyer is never a good idea. You need legal representation from a reputable lawyer or law firm. You also need to select one who specializes in personal injury. This will ensure you that you’re represented by a knowledgable and experienced lawyer when you sue for a defective product.



Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


85 Broad St 30th Floor, New York, NY 10004


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions

Call Us