We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Product Liability Lawsuit?

By Charity Delich
Updated May 16, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A product liability lawsuit is a civil action brought against a party involved with the manufacture of a product. These cases are usually filed against product designers, manufacturers, wholesalers, distributors, or retailers. In general, the plaintiff to the suit alleges that the defendant has designed, made, distributed, or sold a defective or unsafe product. The product in question is generally a tangible item, such as a car, washing machine, or piece of clothing.

Typically, a product liability lawsuit is based on an underlying legal theory, such as negligence, breach of warranty, or strict liability. Product manufacturers can be found negligent if they fail to warn consumers about known dangers altogether. In addition, they may deemed be negligent even if they do provide some type of warning. For instance, if the warning is vague or unnoticeable, the manufacturer could be found liable.

If a product liability lawsuit is brought based on a negligence theory, the plaintiff generally needs to prove several elements. First, the plaintiff must show that the defendant owes a duty of care to the plaintiff. Next, the plaintiff must demonstrate that that duty was breached. In addition, the plaintiff must prove that he or she suffered harm, such as personal injury or property damage. Finally, the he or she must show that his or her injury was proximately caused by the defendant’s actions.

If a plaintiff is filing a product liability lawsuit based on a breach of warranty claim, he or she is generally alleging that the defendant broke a promise regarding the product and that the plaintiff was harmed as a result. Ordinarily, the plaintiff does this by showing that a defect existed in the way the product was designed, manufactured, or marketed. A design defect occurs if the design of the product itself is dangerous, making the product unreasonably unsafe. Manufacturing defects occur when the design is safe but the manner in which the product has been made is unsafe. Marketing defects occur when the design and manufacturing were both safe but the manufacturer failed to provide sufficient warnings or instructions about the use of the product.

When the underlying theory of a product liability lawsuit is based on strict liability, it doesn’t matter whether the designer, manufacturer, wholesaler, distributor, or retailer exercised a high degree of care. Rather, the plaintiff merely needs to prove that the product itself is defective. Additionally, the plaintiff is required to demonstrate that the defect caused his or her injuries.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.