Understanding Products Liability for Personal Injury

Product liability holds companies accountable when their products don’t work properly and cause harm or injury. If something you buy breaks, fails, or even injures you, product liability ensures the people who made or sold it are held responsible.

If someone involved with making or selling a product makes a mistake and an individual gets hurt, they can be held liable. Product liability is typically rooted in tort law, with claims often arising from negligence, strict liability, or breach of warranty.

This field is full of opportunities for personal injury lawyers. Additionally, winning product liability cases means protecting individuals from big corporations and holding companies accountable.

Product liability can broken down into three parts:

1. Strict Liability: You don’t have to prove someone was careless. If the product’s defective, that’s enough to make a case.
2. Negligence: The manufacturer or seller didn’t do their job well—whether it was in designing, building, or selling that item.
3. Breach of Warranty: The product didn’t live up to the safety standards it promised.

What Does It Take to Win a Product Liability Case?

To win a product liability case, you need to prove three key things:

1. Defect: The product had something wrong with it—be it poor design, an incorrect build, or unclear instructions.
2. Causation: That defect directly caused the injury.
3. Damages: The person using the product got hurt, lost money, or suffered in some way because of it.

For personal injury lawyers, staying on top of every single detail is crucial to proving defect, causation, and damages. Whether it's managing deadlines, gathering key evidence, or staying in constant communication with clients, there’s a lot to juggle. However, with so much documentation and information in personal injury cases, it's easy to make a mistake or miss a deadline, leading to costly penalties.

That’s where CASEpeer comes in. A robust case management tool, CASEpeer allows legal teams to keep everything in one place—from case details and evidence to communication—making it easier to track progress and stay on top of those all-important deadlines.

How Is Product Liability Different from Other Injury Claims?

In most personal injury cases, like car accidents, it’s all about proving someone was at fault. With product liability, the product itself is the problem. The focus is on the defective product, not the individual who used it. Plus, liability can fall on multiple people, including the manufacturer and retailer.

Examples of Product Liability Cases

Here are four significant product liability cases involving defective products across various industries:

Defective Drugs and Medical Devices

The Transvaginal Mesh Cases are infamous examples of faulty medical devices causing significant harm. Transvaginal mesh implants, designed to treat pelvic organ prolapse and incontinence, caused severe complications like chronic pain, infections, and organ erosion. The outcomes included numerous settlements and court judgments, with manufacturers held accountable for their negligence. Similarly, lawsuits against companies like DePuy and Stryker arose from defective hip implants that failed prematurely, often causing intense pain and necessitating revision surgeries.

All these cases resulted in massive settlements, reinforcing the critical responsibility that medical device manufacturers bear for patient safety.

Faulty Auto Parts

The Takata Airbag Recall is perhaps one of the most well-known product liability cases in the automotive industry. Faulty airbags manufactured by Takata were prone to explode upon deployment, sending metal fragments into drivers and passengers, leading to numerous injuries and deaths.

This defect led to one of the largest automotive recalls in history, impacting millions of vehicles worldwide. In another significant case, GM’s Ignition Switch Defect, vehicles had ignition switches that could unexpectedly shut off the engine, disabling critical safety features like airbags.

The defect was linked to over 100 deaths and resulted in extensive legal action against General Motors, who eventually agreed to substantial settlements.

Dangerous Toys

The Fisher-Price Rock ‘n Play Sleeper was linked to numerous infant fatalities due to suffocation risks. After tragic deaths, Fisher-Price recalled the product, and lawsuits followed, underscoring the heightened responsibility toy manufacturers have when designing products for vulnerable populations like infants.

Household Appliances

Whirlpool faced lawsuits over defective washing machines that posed a fire hazard due to overheating. These faulty appliances caused substantial property damage and injury. Whirlpool eventually faced legal repercussions, illustrating how even seemingly mundane household items must meet stringent safety standards to protect consumers.

Recent Changes in Product Liability Legislation

In recent years, product liability laws have evolved to keep pace with modern technologies and consumer expectations. One of the most significant changes is the inclusion of software and AI systems under product liability rules. In the EU, the updated Product Liability Directive (PLD) now holds developers and manufacturers accountable for software defects that cause harm, whether integrated into physical products or as standalone systems.

In the U.S., there has been an increased emphasis on scrutinizing expert testimony in product liability cases. In fact, the Federal Rule of Evidence 702 has been modified to require stricter evaluation of the reliability of expert testimony, which could limit its admissibility in complex product cases. This heightened scrutiny means attorneys must ensure expert witnesses are thoroughly vetted and their methodologies are comprehensive.

Additionally, public health concerns like PFAS (toxic chemicals) have gained increased attention in liability claims. This has expanded the use of the public nuisance theory to cover broader societal harms, such as environmental and health-related defects. These developments reflect a growing recognition of the need for manufacturers to be more accountable for potential risks posed by their products.

Strategies for Handling Product Liability Cases

We are all on the lookout for the best strategies. Here are 10 of the best strategies when it comes to handling product liability cases.

1. Conducting a Thorough Investigation: A good investigation is essential for any product liability case. This means carefully researching the product’s background and malfunction history. It's important to gather detailed information such as the manufacturing process, quality control measures, and any reported defects. Reviewing forensic reports can reveal key insights into how the product failed, while recall information can show whether the defect is part of a larger issue across other similar products. Interviewing eyewitnesses, analyzing the product’s design documents, and consulting industry experts are also important. The more data and documentation you can gather early on, the stronger the foundation for your case will be.
2. Identifying the Liable Party: In product liability cases, it's crucial to determine who is responsible for the defective product in the chain of distribution. This can include manufacturers, distributors, retailers, and now, even online platforms that sell defective products. In recent years, software developers have also come under scrutiny when embedded systems or digital applications lead to harm. The key is to trace the defect back to its origin. Was the defect present when the product left the manufacturer, or did it occur during distribution? Legal responsibility may be shared across several parties, so determining this early on helps establish accountability. In some cases, you may also need to investigate third-party contractors involved in assembling or testing the product.
3. Gathering Evidence: The success of a product liability claim depends heavily on gathering strong, compelling evidence. First, obtain a physical copy of the defective product for analysis. Additionally, keep the product in its original state to avoid any claims of tampering whenever possible. Secondly, document the injury or harm caused with detailed medical records, photos, and testimonies. If the defective product caused physical harm, ensure that the injury is well-documented through medical reports and expert witness statements. It's also vital to obtain technical documentation that proves the product’s defect, including testing reports, safety records, and internal communications that may indicate prior knowledge of the defect. Having this documentation and evidence strengthens your client's claim and provides irrefutable evidence.
4. Building a Strong Case: Once the evidence is collected, it’s time to construct a clear narrative. The challenge in product liability cases lies in establishing a direct connection between the product defect and the injury. Lawyers must carefully align the defect with the resulting harm, using expert testimonies to explain the technical aspects in plain language for the court.
5. Using Case Management Tools: It's crucial to demonstrate that the defect was present when the product left the manufacturer or that an issue occurred during distribution. You'll need a well-structured case that clearly establishes the chain of causation—from the defect to the resulting damage. Additionally, opposing counsel may raise defenses such as consumer misuse of the product, so being prepared to counter these arguments is essential.
   
   This is where case management software like CASEpeer comes into play. Case management software is designed to help legal professionals organize and manage all aspects of their cases in one centralized platform. It keeps track of key documents, evidence, and communications, making it easier to access critical information when you need it most. For personal injury lawyers, case management tools provide features like task management, deadline tracking, document storage, and client communication tools, which help ensure that nothing falls through the cracks.

6. Developing Negotiation Strategies: Before a trial, effective negotiation is often the key to a favorable settlement. Calculating damages involves more than just looking at medical bills. Consider lost wages, future medical expenses, rehabilitation costs, and the emotional toll on the victim. Lawyers must also account for potential future earnings and long-term care costs in more severe injury cases. It is important to be prepared with a solid damage assessment that outlines these costs clearly to the opposing counsel. Additionally, using negotiation tactics such as offering structured settlements or proposing payment plans can sometimes help avoid prolonged litigation. Having a clear and persuasive breakdown of costs ensures that the victim is compensated fairly, and the defendant is more likely to agree to a settlement.
7. Thoroughly Preparing for Trial: If settlement talks fail, going to trial requires intense preparation. First, expert witnesses must be secured. These can range from engineers to medical professionals who can testify about the product’s defect and its effects. Second, pre-trial motions can shape the case in your favor. Motions to exclude certain pieces of evidence or to limit expert testimony can be filed to protect your client’s interests. During trial, it’s crucial to present complex product details in a way that’s accessible to the jury. Visual aids like demonstrations of the defect, product animations, and before-and-after injury photos can help illustrate the case. Crafting a clear and emotionally compelling argument ensures that the jury fully understands the implications of the defective product on the plaintiff’s life.
8. Understanding Expert Testimony and Its Role: In product liability cases, expert testimony is often the linchpin. Experts, whether they are engineers, safety analysts, or medical professionals, help explain complex defects and establish how the product's failure led to the injury. Their testimony is crucial to making a clear connection between the product's defect and the injury suffered. Experts also assist in validating the defect’s severity and explaining whether it was a manufacturing, design, or labeling flaw.
9. Considering Class Action Options: When a defective product has harmed many individuals, a class action suit might be the best route. Class actions help consolidate individual cases, ensuring victims receive compensation while simplifying the legal process. Attorneys handling product liability should consider if pursuing a class action makes sense, especially in cases involving widespread defects like pharmaceutical drugs or consumer electronics. These suits often result in larger settlements and help ensure that corporate offenders are held accountable on a wider scale.
10. Analyzing Product Recalls and Their Impact: An important aspect of building a product liability case is reviewing whether the product has been subject to recalls. If the product has been recalled, it strengthens the argument that the company knew of the defect and failed to act quickly enough. In cases where a recall occurred after the injury, it could demonstrate the company’s negligence in handling the product’s defect. Monitoring recall databases and understanding consumer protection regulations will be key to forming a strong case.

How CASEpeer Can Help Personal Injury Law Firms

CASEpeer is a game-changer for personal injury law firms. Built to streamline case management from intake to settlement, we track every detail, ensuring nothing slips through the cracks during complex negotiations. For personal injury cases, where the smallest mistake can impact a client’s settlement, CASEpeer helps organize, monitor, and optimize every aspect of a case.

Settlement tracking tools are also invaluable for strategizing and setting realistic expectations for clients. With CASEpeer, you can easily access data on past settlements and forecast future outcomes, using this information to communicate clearly and efficiently with your clients. This transparency helps build trust while allowing you to focus on what you do best—winning cases.

Curious about how CASEpeer can benefit your firm? See how CASEpeer can elevate your law firm's efficiency and settlement success, and schedule a demo today!