If you or a loved one experienced injuries, health complications, or other harm following the use of a defective product, you may be entitled to pursue compensation.
At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to manufacturer negligence or defective product design.
Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark today for a free, no-obligation consultation.
Product Liability Lawsuit Overview
Each year, defective products put thousands of American consumers at risk of unreasonable injury, despite consumer protection laws and advanced manufacturing processes.
Product liability lawsuits hold companies accountable when they fail to ensure consumer safety in their medical devices, home appliances, automobiles, prescription drugs, and other products.
Unlike personal injury claims, product liability cases are considered strict liability cases, meaning negligence doesn't always have to be proven at trial.
Common product liability claims include the following:
- Vehicle parts - Cars, trucks, and other vehicles can have numerous defective parts, such as brakes, airbags, seatbelts, tires, and engines. Child car seats can also present unreasonable dangers.
- Medical devices or defective drugs - Surgical implants and devices can have flaws that cause injuries. Pharmaceutical products and medications can create severe side effects. Anything that you ingest or rub on your skin can potentially be grounds for a product liability lawsuit.
- Fires - Many residential fires are caused by heaters, including portable heaters and space heaters. Burns are also common for individuals injured at work, especially in manufacturing plants and factories.
- Lead poisoning - While most people are aware of the dangers of lead paint, lead poisoning still causes a large number of injuries in people across the U.S., especially in children.
These are just a few examples of defects that can lead to a products liability claim. A defect can be a design flaw, a manufacturing defect or a failure to adequately warn of dangers.
Latest Product Liability Lawsuit Updates
February 2024 - Johnson & Johnson faced a $4.6 billion verdict awarded to 22 women who alleged that the company's talcum powder caused ovarian cancer. Each plaintiff received $25 million in compensatory damages, with the remaining amount serving as punitive damages for failing to warn about the risks [1].
January 2024 - An Oklahoma judge ordered Johnson & Johnson to pay $572 million (later reduced to $465 million) for its role in the opioid crisis. The company was found responsible for misleading marketing practices that contributed to widespread addiction [2].
November 2023 - A class action lawsuit was initiated against major baby formula manufacturers, alleging their products have been linked to necrotizing enterocolitis (NEC) in infants, resulting in severe health complications and numerous wrongful deaths [3].
Related: Food Poisoning Lawsuits
FDA Reports and Statistics
According to the U.S. Consumer Product Safety Commission (CPSC), product liability cases are categorized into three main types:
- failure to warn
- manufacturing defects
- defective design
Recent reports indicate that consumer product incidents result in approximately 29.4 million injuries and over 21,400 deaths annually in the United States [4].
CPSC data shows that:
- Defective products cause over $1 trillion in economic losses each year
- Medical devices account for approximately 30% of product liability claims
- Automotive defects contribute to 20% of product liability lawsuits
- Consumer goods make up the remaining 50% of claims
Product Injuries & Side Effects
Defective products can cause a wide range of injuries and health complications, from minor inconveniences to life-threatening conditions.
- Physical Injuries: Burns, lacerations, broken bones, and traumatic brain injuries from defective appliances, tools, or automotive parts
- Chemical Exposure: Skin irritation, respiratory issues, and long-term health complications from harmful chemical products
- Medical Complications: Internal bleeding, organ damage, cancer, or other serious health conditions from defective medical devices or pharmaceuticals
- Long-Term Health Effects: Chronic pain, disability, psychological trauma, and reduced quality of life
Do You Qualify for a Product Liability Lawsuit?
You may qualify for a product liability lawsuit if:
- You used the product as intended or in a reasonably foreseeable way
- The product had a design defect, manufacturing defect, or inadequate warnings
- You suffered physical injuries, property damage, or financial losses
- The defect directly caused your injuries or damages
- You can provide documentation of your injuries and the product's defect
Evidence Required for a Product Liability Lawsuit
To successfully pursue a product liability claim, you will need to provide:
- Medical records documenting your injuries
- The defective product (if possible)
- Proof of purchase (receipts, credit card statements)
- Photographs or videos of the defect and resulting injuries
- Any correspondence with the manufacturer or retailer
- Expert testimony linking the defect to your injuries
Damages You Can Recover
When a product liability lawsuit is successful, you may be eligible for various types of compensation:
- Medical expenses (both current and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Punitive damages in cases of extreme negligence
Other types of damages you can receive include:
- Compensatory Damages - These damages are intended to make the plaintiff “whole” again after the accident or injury. They can be split into 2 different categories: actual and general.
- Special Damages - Reimburse the plaintiff for any calculable out-of-pocket expenses or financial losses, including medical and hospital bills, lost wages, cost of substitute transportation, and the cost to repair or replace damaged property.
- General Damages - These damages attempt to reimburse the plaintiff for losses that cannot be easily calculated monetarily. These typically include pain and suffering, mental anguish, medical expenses, value of future lost wages, loss of consortium, and loss of life’s enjoyment.
Types of Product Liability
1. Failure to Warn
Many products must be carefully labeled with instructions that warn about the risks associated with improper product use.
If instructions fail to warn of a product's potential risk and you are injured, you may be entitled to compensation.
Examples:
- Johnson & Johnson Talc Cases: Numerous lawsuits have been filed against Johnson & Johnson, alleging that their talcum powder products caused ovarian cancer due to the absence of warning labels regarding the potential risks of using talc in the genital area. Victims have claimed that they were not adequately informed about these risks, leading to severe health consequences.
Estimated Settlement Ranges:
- Minor Injuries: $50,000 - $150,000
- Severe Health Issues (e.g., cancer): $500,000 - $2 million+
2. Manufacturing Defects
Sometimes, a defective product results from shoddy manufacturing. The problem may exist in only a handful of products or a couple of factory batches.
Manufacturers must maintain quality control of their products at all times and may be held responsible if poor factory procedures result in defective products that cause injury.
Examples:
- General Motors (GM) Cases: GM faced numerous lawsuits related to faulty ignition switches that caused vehicles to stall unexpectedly, leading to accidents and fatalities. The company was criticized for failing to address known issues with the switches during manufacturing.
Estimated Settlement Ranges:
- Minor Injuries: $75,000 - $200,000
- Severe Injuries or Fatalities: $300,000 - $5 million+
3. Defective Design
The problem could be that the product design is just bad. Companies occasionally manufacture a product that can cause injury even when used correctly.
In most states, it is the manufacturer's responsibility to justify the product's design and prove that it is safe for its intended use. If they cannot do this, they may be liable for resulting injuries.
Examples:
- Medical Device Cases: Cases involving defective medical devices, such as hip implants or surgical mesh, often highlight design flaws that lead to serious health complications for patients. For instance, some hip implants have been recalled due to high failure rates and serious side effects.
Estimated Settlement Ranges:
- Minor Complications: $100,000 - $300,000
- Severe Complications or Long-Term Effects: $500,000 - $3 million+
Related post: Defective Helmet Lawsuit
Product Recall Information
Product recalls occur when manufacturers or government agencies determine that a product presents an unreasonable safety risk. When a recall is issued, the manufacturer is typically required to:
- Notify consumers about the recall
- Offer repairs, replacements, or refunds
- Implement corrective measures to address the defect
Recent significant product recalls include:
- Automotive recalls for defective airbags, brakes, and ignition systems
- Medical device recalls for implants, surgical tools, and monitoring equipment
- Children's products recalls for choking hazards, excessive lead content, and unsafe design
- Food and drug recalls for contamination, undisclosed allergens, and dangerous side effects
Statute of Limitations for Product Liability Lawsuits
Each state has a "statute of limitations" which sets the deadline for filing a product liability claim.
The time limit typically begins when the injury or property damage is discovered, not necessarily when the product was purchased or used.
Most states have statutes of limitations ranging from 1 to 6 years for product liability cases.
Exceptions to standard time limits may apply in cases where:
- The injured party was a minor at the time of the incident
- The defect was concealed by the manufacturer
- The injury or connection to the product wasn't immediately apparent
It's crucial to consult with a product liability attorney as soon as possible to ensure you don't miss the filing deadline in your state.
FAQs
1. What is the difference between a product liability lawsuit and a class action lawsuit?
A product liability lawsuit is an individual claim against a manufacturer or seller for injuries caused by a defective product. A class action lawsuit combines multiple similar claims into a single legal action, allowing many plaintiffs to seek compensation collectively. Your attorney can help determine which approach is most appropriate for your situation.
2. How long does a product liability lawsuit typically take to resolve?
The timeline for resolving a product liability lawsuit varies significantly depending on the complexity of the case, the number of parties involved, and whether the case goes to trial or settles out of court. Simple cases might resolve in 6-12 months, while complex cases involving serious injuries or multiple defendants can take 2-5 years or longer.
3. What if I no longer have the defective product?
While having the product strengthens your case, you may still pursue a claim without it. Your attorney can help gather alternative evidence such as medical records, witness testimony, product testing on similar items, or expert analysis to demonstrate the defect and its connection to your injuries.
4. Can I file a product liability lawsuit if I didn't follow all the product instructions?
Possibly. While using a product as intended strengthens your case, manufacturers are also required to anticipate reasonably foreseeable misuse. If the misuse was foreseeable and the manufacturer failed to provide adequate warnings, you may still have a valid claim. Consult with a product liability attorney to evaluate your specific circumstances.
5. What if the manufacturer has filed for bankruptcy?
If a manufacturer has filed for bankruptcy, your options may be limited but not eliminated. Some companies establish bankruptcy trusts specifically to compensate victims, or you may be able to pursue claims against other parties in the distribution chain. An experienced product liability attorney can help navigate these complex situations.
6. Are online retailers liable for defective products sold on their platforms?
The liability of online retailers is an evolving area of law. In some jurisdictions, online marketplaces may be held liable for defective products sold through their platforms, especially if they have significant control over the sales process. Your attorney can advise on the current laws applicable to your case.
7. What is a contingency fee arrangement?
Most product liability attorneys work on a contingency fee basis, meaning they only collect payment if you win your case. The fee is typically a percentage of your settlement or verdict. This arrangement allows victims to pursue justice without upfront legal costs, making quality legal representation accessible regardless of financial situation.
Take Action Now: Time-Sensitive Legal Claims
If you've been injured by a defective product, time is limited to pursue legal action. Most states have strict deadlines for filing product liability claims, typically ranging from 1 to 6 years from the date of injury or discovery of the defect.
Waiting too long could permanently bar you from seeking the compensation you deserve.
At Schmidt & Clark, LLP, we offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees - we only get paid if you win
- Decades of experience successfully representing product liability victims
- A dedicated team of attorneys focused exclusively on consumer protection
Don't let time run out on your right to compensation. Contact our experienced product liability attorneys today to discuss your case and explore your legal options.
References
- https://law.justia.com/cases/federal/district-courts/indiana/inndce/2:2018cv00220/94752/233/
2. https://www.industrydocuments.ucsf.edu/opioids/collections/oklahoma-opioid-litigation-documents/
3. https://cand.uscourts.gov/in-re-baby-food-products-liability-litigation/
4. https://www.cpsc.gov/content/2023-Annual-Report-to-the-President-and-Congress