When consumers purchase a product, they trust that it is going to function safely and as intended. Unfortunately, defective products cause thousands of injuries each year—many of them serious or even life-threatening. If you or someone you love has been harmed by a faulty product, understanding how to take legal action is essential. Product liability law allows injured parties to pursue compensation, but the process involves more than just filing paperwork.

This guide breaks down the steps needed to initiate a product liability lawsuit, including how to gather evidence, identify the correct defendants, and navigate the legal system effectively.

What Is Considered a Defective Product?

A product can be legally considered defective in one or more of the following ways:

• Design defect: The product’s design is inherently dangerous, even when manufactured correctly.
• Manufacturing defect: A mistake occurred during the production process, making a product unsafe.
• Failure to warn: The product lacked adequate instructions or warnings about potential risks.

Common examples include defective car parts, toxic children’s toys, dangerous medical devices, or electronics prone to overheating.

According to the U.S. Consumer Product Safety Commission (CPSC), defective products cause over 29 million injuries and more than 20,000 deaths annually in the U.S. alone.

Step 1: Get Immediate Medical Attention

Your health is the top priority. Seeking prompt medical care creates a record of your injuries, which can be critical in proving the link between the defect and the harm suffered. This documentation not only protects your well-being but also establishes a medical paper trail that supports your claim.

Be sure to keep all records related to:

• Emergency room visits or hospital stays
• Diagnostic tests and treatments
• Prescribed medications
• Follow-up care or physical therapy

Step 2: Preserve the Defective Product and Evidence

One of the most common mistakes people make is discarding the product after it causes harm. Instead, keep the item in its damaged state, along with all original packaging, receipts, instruction manuals, and warranty information.

You should also:

• Take detailed photos of the product and injuries
• Document the time, location, and circumstances of the incident
• Collect witness statements, if anyone observed the event

This physical and testimonial evidence can make or break a product liability case.

Step 3: Identify All Potentially Liable Parties

Product liability claims often involve more than one defendant. Responsibility can fall on any party in the product’s chain of distribution:

• Manufacturer: The company that created the product or its components
• Distributor or wholesaler: Entities that handled the product between manufacture and sale
• Retailer: The store or website that sold the product to the consumer

Each party may be held liable depending on the nature of the defect and their role in getting the product to market. In some cases, even foreign manufacturers can be sued under U.S. jurisdiction if their products were sold domestically.

Step 4: Consult an Experienced Product Liability Attorney

These cases are highly technical and often require expert testimony and in-depth investigation. A qualified attorney can help evaluate your case, identify liable parties, and build a strategy based on the unique circumstances of your injury.

Product liability lawyers usually work on a contingency fee basis, meaning they only get paid if you win your case or reach a settlement. This allows victims to pursue justice without paying upfront legal fees.

Step 5: File the Lawsuit Within the Legal Timeframe

Every state enforces a statute of limitations for product liability lawsuits. In most states, you must file your claim within two to four years of the injury—or the date you discovered the injury was caused by a defective product.

Failing to act within this window may result in losing your right to go after compensation altogether. An attorney can help determine how much time you have based on your state’s specific laws.

Step 6: Build a Strong Case With Expert Support

In order to prove that a product was defective and that the defect caused your injury, you’ll often need expert testimony. This can include:

• Engineers to analyze design flaws
• Medical professionals who will connect your injuries to the product
• Safety experts to compare the product to industry standards

Unlike general personal injury claims, product liability suits hinge on technical arguments that must be clearly presented to judges or juries. The stronger your expert support, the better your chances of a successful outcome.

Step 7: Determine the Value of Your Damages

A comprehensive claim should account for both economic and non-economic damages, which may include:

• Medical expenses (past and future)
• Lost wages or reduced earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Punitive damages (cases of reckless or intentional actions)

Recent product liability settlements have ranged from tens of thousands to millions of dollars, it just depends on the severity of the injuries and the level of negligence involved.

Step 8: Decide Whether to Settle or Go to Trial

Many product liability cases settle before reaching the courtroom. Settlements can offer faster resolution and avoid the uncertainty of a jury verdict. However, if the responsible parties deny liability or offer inadequate compensation, your attorney may recommend proceeding to trial.

Trials are often lengthy and complex, but they may result in larger awards—especially when punitive damages are pursued.

Conclusion

Taking legal action over a defective product requires more than proving you were injured—it involves methodically building a case supported by evidence, expert insight, and a clear understanding of product liability law. By acting quickly, preserving key evidence, and working with the right attorney, injured consumers can hold manufacturers and sellers accountable while seeking fair compensation for their losses.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating product liability claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.