When you purchase a product, you expect it to be safe. Unfortunately, defective or dangerous products can cause serious injuries, leading to medical bills, lost wages, and emotional distress. A product liability lawsuit allows injured consumers to seek compensation from manufacturers, distributors, and retailers responsible for the faulty product.
At Sauder Schelkopf, we help victims of defective products fight for their rights and obtain financial compensation. If you were harmed by a dangerous consumer product, medical device, drug, or vehicle defect, you may have a case.
Who Can File a Product Liability Lawsuit?
You may have grounds for a product liability claim if:
- You were injured while using a consumer product, medical device, drug, or vehicle as intended.
- The product was defective, unsafe, or lacked proper warnings.
- The injury resulted in medical expenses, lost wages, or pain and suffering.
Not sure if you qualify? Call us at 888.711.9975
Types of Product Liability Cases
There are three main types of product liability claims:
1) Defective Design
- The product is inherently unsafe due to a flaw in its design.
- Example: A car model prone to rollovers due to a faulty design.
2) Manufacturing Defect
- The product’s design is safe, but errors during manufacturing made it dangerous.
- Example: A contaminated batch of prescription drugs causing harmful side effects.
3) Failure to Warn (Marketing Defect)
- The product lacked proper safety warnings or instructions, leading to misuse and injury.
- Example: A power tool missing safety labels, resulting in severe injuries.
Step-by-Step Guide to Filing a Product Liability Lawsuit
Step 1: Seek Medical Attention
Your health comes first. If you’ve been injured, seek medical care immediately. Your medical records will also serve as crucial evidence in your lawsuit.
Step 2: Preserve the Defective Product
Keep the product in the exact condition it was in when the injury occurred. If possible:
- Store the product safely.
- Keep all packaging, instructions, and receipts.
- Take photos or videos of the defect and any injuries.
Step 3: Contact a Product Liability Lawyer
Filing a product liability lawsuit requires proving that the product was defective and directly caused your injuries. Our experienced product liability attorneys can:
- Investigate whether others were injured by the same product.
- Determine which companies (manufacturer, distributor, retailer) are liable.
- Help you file a claim within your state’s statute of limitations.
Step 4: Gather Evidence to Support Your Claim
To win a product liability case, we need to prove:
- The product was defective or lacked proper warnings.
- You were injured while using it as intended.
- The injury caused financial losses (medical bills, lost wages, etc.).
Key evidence includes:
- Medical reports documenting injuries.
- Expert analysis proving the defect.
- Records of recalls, safety warnings, or similar lawsuits.
Step 5: File the Lawsuit Against Responsible Parties
Product liability lawsuits can involve multiple defendants, including:
- Manufacturers (who designed or produced the product).
- Retailers (who sold the defective product).
- Distributors (who transported or marketed the product).
Step 6: Negotiation & Settlement Process
Many product liability cases settle before trial, providing victims with faster compensation. Settlements can cover:
- Medical expenses & rehabilitation.
- Lost income from time off work.
- Pain and suffering damages.
If a fair settlement isn’t offered, our legal team will take the case to trial to fight for maximum compensation.
Compensation in a Product Liability Lawsuit
Successful claims can result in financial compensation for:
- Medical bills (past & future)
- Lost wages & reduced earning capacity
- Pain, suffering, & emotional distress
- Punitive damages against negligent companies
Frequently Asked Questions About Product Liability Lawsuits
How long do I have to file a product liability claim?
Time limits vary by state. Some states allow up to 2-4 years, while others have shorter deadlines. Contact us to determine your eligibility.
Do I need proof that the manufacturer was negligent?
No. Unlike other personal injury cases, product liability cases do not always require proving negligence—only that the product was defective and caused harm.
Can I file a lawsuit if a loved one died due to a defective product?
Yes. Families of victims can file a wrongful death lawsuit against the manufacturer.
What if the product was recalled?
A recall can strengthen your case, but you can still sue even if no recall was issued.
Get Legal Help for Your Product Liability Case
If you or a loved one has been injured by a dangerous or defective product, you deserve justice. At Sauder Schelkopf, our legal team specializes in holding negligent manufacturers accountable and securing compensation for victims.
💬 Your case is 100% confidential. Contact us today.
📞 Call us at 888.711.9975
Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Sauder Schelkopf. Laws vary by jurisdiction, and the application of law depends on individual circumstances. You should not act or rely on any information in this post without seeking professional legal counsel. If you need legal assistance, please contact a qualified attorney to discuss your specific situation.