Last Updated: July 2026
Status: Subject to change as litigation and legal standards evolve.
What Is Product Liability?
A product liability claim is a legal case brought against a manufacturer, distributor, or retailer when someone alleges they were injured by a product. Product liability cases differ from other lawsuits because they focus on the product itself rather than how the person used it.
In general, product liability lawsuits allege that a product was dangerous, defective, or inadequately warned about. These claims can be brought against any company involved in getting the product to market, including the manufacturer, the wholesaler, or the store that sold it.
Why Product Liability Cases Exist
The law recognizes that manufacturers have a responsibility to:
- Design products safely
- Manufacture products without defects
- Warn users about known risks and dangers
- Provide clear instructions for safe use
When manufacturers allegedly fail to do these things, injured people may pursue product liability claims.
Three Types of Product Liability Claims
Product liability cases generally fall into three categories. Understanding these can help explain different types of lawsuits:
1. Design Defects
A design defect claim alleges that a product was designed unsafely from the start. Even if a manufacturer made the product correctly according to the design, the fundamental design itself is allegedly dangerous.
Example: If a chair was designed with an unstable base that causes it to tip over easily, the problem is with the design, not the manufacturing.
Key question: Could the manufacturer have designed the product more safely?
2. Manufacturing Defects
A manufacturing defect claim alleges that something went wrong during the manufacturing or assembly process. The design may be safe, but a mistake in production made the product dangerous.
Example: If a batch of a medication was contaminated during production, or if a surgical mesh was made with a wrong material due to a manufacturing error, the problem is a manufacturing defect.
Key question: Did the product leave the factory different from the design specifications?
3. Failure to Warn
A failure to warn claim alleges that the manufacturer did not provide adequate warnings about known risks or side effects. Even if a product is designed and manufactured correctly, it may still be dangerous if users don’t know about the risks.
Example: If a medication has a serious side effect that the manufacturer knew about but did not clearly warn doctors and patients, that could be a failure to warn claim.
Key question: Did the user have enough information to make a safe decision about using the product?
What Is Strict Liability?
Strict liability is an important legal concept in product liability cases. In general, strict liability means that a manufacturer can be held responsible for injuries from a defective product even if the manufacturer was not negligent or careless.
In other words, the injured person does not need to prove that the manufacturer was careless or did something wrong intentionally. The injured person only needs to prove that:
- The product was defective
- The defect caused the injury
- The person was using the product in a reasonable way
How Strict Liability Works
Under strict liability:
- The manufacturer cannot claim they “did their best” to make the product safe
- The manufacturer cannot claim they followed all regulations at the time
- The injured person does not have to prove the manufacturer was careless
- The focus is on whether the product itself was defective
In simple terms: Strict liability makes the manufacturer responsible for selling a defective product, regardless of how careful they were in trying to avoid the defect.
Important Limitation
Strict liability does not apply in all situations. For example, if a person used a product in a dangerous way that the manufacturer could not reasonably have anticipated, strict liability may not apply.
What Is Failure to Warn?
A failure to warn claim alleges that a manufacturer did not adequately warn users about known dangers or side effects of a product.
What “Adequate Warning” Means
An adequate warning generally should:
- Be clear and easy to understand (using plain language, not technical jargon)
- Appear in a prominent location where users will see it
- Explain the specific risks and dangers
- Include information about who is most at risk
- Provide guidance on how to use the product safely
When Failure to Warn Claims Arise
Failure to warn claims often involve:
- Medications or drugs with serious side effects that were not clearly disclosed
- Medical devices with known complications that were not adequately explained
- Chemicals or substances with health risks that were not properly labeled
- Products where new dangers were discovered after sale, and the manufacturer did not issue recalls or warnings
The Manufacturer’s Knowledge
A key question in failure to warn cases is: Did the manufacturer know or should they have known about the danger?
Lawsuits may allege that:
- The manufacturer knew about the danger from internal research
- The manufacturer knew from customer complaints
- The manufacturer knew from scientific studies or medical literature
- The manufacturer should have known based on reasonable investigation
Professionals vs. Consumers
For some products sold to professionals (like medications to doctors), the warning must be given to the professional, not directly to the consumer. For products sold to regular consumers, the warning must be accessible to those consumers.
What Is a Manufacturing Defect?
A manufacturing defect occurs when a product does not match the manufacturer’s own design specifications. The design is safe, but something went wrong during production.
How Manufacturing Defects Happen
Manufacturing defects can occur due to:
- Machine malfunctions during production
- Worker error in assembly or mixing
- Contamination during the manufacturing process
- Use of wrong materials or ingredients
- Inadequate quality control or testing
Real-World Example
For instance, if a surgical mesh was designed to be made of a specific material that has been tested and proven safe, but a batch was accidentally made from a different material, that batch would contain a manufacturing defect. Users of that defective batch might experience unexpected complications.
Proving a Manufacturing Defect
To prove a manufacturing defect, an injured person typically needs to show:
- What the product was supposed to be like (the design specifications)
- How the product was actually made (what went wrong)
- That the defect caused the injury
Manufacturing defects are sometimes easier to identify than design defects because there is a clear “correct” version of the product to compare against.
Real Examples: Product Liability Cases in Litigation
Attorneys currently handle many product liability cases. Here are real examples of products involved in ongoing litigation:
Hair Straightener and Hair Relaxer Products
What the case involves: Lawsuits allege that certain chemical hair straightening and relaxer products may increase the risk of cancer, particularly uterine cancer and ovarian cancer.
Allegations: Plaintiffs allege that manufacturers either knew or should have known about these health risks and failed to adequately warn users, particularly women of color who use these products more frequently.
Who may be affected: People who have used chemical hair straighteners or relaxers for extended periods.
Legal status: Cases alleging cancer risks from hair straightening products are being handled in federal courts and state courts. Lawsuits allege both design defects and failure to warn.
Ozempic and Similar Weight Loss Medications
What the case involves: Lawsuits allege that certain medications used for weight loss and diabetes management may cause serious gastrointestinal injuries, including stomach obstruction and gastroparesis.
Allegations: Plaintiffs allege that manufacturers did not adequately warn about these serious side effects, or that the warnings were not clear enough, particularly to patients who took the medication for weight loss rather than diabetes treatment.
Who may be affected: People who took these medications and experienced serious stomach or digestive complications.
Legal status: Cases involving these medications are ongoing in federal courts. Lawsuits allege inadequate warnings about risks.
Breast Mesh Products
What the case involves: Lawsuits allege that certain surgical mesh products used in breast reconstruction or augmentation procedures are defectively designed or manufactured and can cause complications.
Allegations: Plaintiffs allege that mesh products may cause infections, scarring, mesh migration, or other complications requiring additional surgery. Some lawsuits also allege failure to warn about these risks.
Who may be affected: People who had breast surgery using specific mesh products and experienced complications.
Legal status: Cases involving breast mesh products are being coordinated in federal courts. Lawsuits allege both manufacturing defects and failure to warn about complications.
Pharmaceutical Medications with Unexpected Side Effects
What the case involves: Various lawsuits allege that prescription medications caused serious health problems that were not adequately warned about.
Allegations: Plaintiffs allege that manufacturers knew or should have known about serious side effects and failed to provide adequate warnings to doctors and patients.
Who may be affected: People who took medications and experienced serious side effects.
Legal status: Multiple pharmaceutical product liability cases are active in federal courts.
Common Stages of a Product Liability Case
Product liability cases typically follow these stages, similar to other civil litigation:
Stage 1: Claim Development and Investigation
An injured person consults with an attorney who investigates:
- When and where the product was purchased
- Medical records documenting the injury
- Whether others have reported similar injuries
- The product’s design and manufacturing process
- Any warnings or instructions that were provided
Stage 2: Filing the Lawsuit
The attorney files a complaint in court alleging the product was defective. The complaint identifies:
- The manufacturer and other defendants
- The type of defect (design, manufacturing, or failure to warn)
- How the product injured the person
- What damages are being sought
Stage 3: Discovery
Both sides exchange information:
- Documents about the product’s design, testing, and manufacturing
- Internal communications and research
- Complaints from other users
- Medical and scientific studies
- Expert reports
Stage 4: Expert Analysis
Experts may be retained to:
- Analyze the product design and manufacturing
- Review medical causation (whether the product caused the injury)
- Compare the product to industry standards
- Assess whether warnings were adequate
Stage 5: Settlement or Trial
Many product liability cases settle before trial. If no settlement is reached, the case may go to trial where a judge or jury decides whether the manufacturer is liable.
Why Documentation and Medical Records Matter
If you believe you were injured by a defective product, documentation is critical:
- Medical records: Document your diagnosis, treatment, and injury progression
- Product information: Keep the product, packaging, instructions, and any warnings
- Purchase records: Receipts or other proof of when and where you bought the product
- Photos: Images of the product, packaging, and any injuries
- Witness information: Names and contact information of people who saw your injury or know about your use of the product
- Communication records: Any messages to the manufacturer or seller about problems with the product
Why This Matters
Strong documentation helps:
- Prove when you were exposed to the product
- Show what warnings (or lack of warnings) were provided
- Demonstrate the injury and its severity
- Establish the connection between the product and the injury
- Support a claim for damages
Key Legal Terms in Product Liability Cases
Understanding common terms helps you follow the case:
- Defect: A flaw in the product’s design, manufacturing, or warnings that makes it dangerous or unreasonably unsafe.
- Manufacturer: The company that made the product (not necessarily the company that sold it).
- Distributor: A company that sold the product to retailers.
- Retailer: The store or seller who sold the product to the consumer.
- Negligence: Failure to use reasonable care in designing, manufacturing, or warning about a product.
- Strict liability: Liability for a defective product regardless of whether the manufacturer was careless.
- Causation: The legal question of whether the defective product actually caused the injury.
- Damages: Money compensation for medical bills, lost wages, pain and suffering, and other losses.
- Recall: An official notice by a manufacturer or government agency that a product is dangerous and should be returned or stopped being used.
Why Legal Review Matters
Whether you may have a product liability claim depends on your individual circumstances:
- What product were you using?
- When did you use it, and when were you injured?
- What injury or health condition did you develop?
- Do you have medical records documenting the injury?
- Were you using the product in a reasonable way?
- What warnings or instructions were provided?
- Have others reported similar injuries?
- Where do you live, and what are your state’s time limits for filing?
A legal review can help determine whether your situation may fit within a product liability category. A legal review does not guarantee a successful outcome, but it can clarify whether you may have a claim based on your facts.
Red Bird Legal’s Role in Product Liability
Red Bird Legal works with law firms handling product liability cases across multiple product categories. The firm assists in case evaluation, intake, and coordinating claims involving defective products, dangerous medications, and other product-related injuries.
Red Bird Legal does not guarantee outcomes or settlements. Each case is unique, and results depend on individual facts, available evidence, applicable law, and jurisdiction.
Important Information About Litigation Status and Legal Standards
The status of related litigation may change as new evidence, court rulings, or regulatory developments emerge. What is described in this page reflects the general landscape as of the date listed above.
Legal and scientific understanding may evolve over time. New studies, research, and court decisions may change how product liability claims are evaluated and handled.
Product safety standards may change. What was considered an acceptable warning or design in the past may not be acceptable today, or new dangers may be discovered.
Eligibility depends on individual facts, including:
- Product purchase and use history
- Diagnosis and timing of injury
- Location (where you live and where you used the product)
- Available medical records and documentation
- Applicable state laws and statutes of limitations
Disclaimer
This page is for informational purposes only and is not legal advice. Reading this page or submitting a form does not create an attorney-client relationship.
The status of related litigation, legal standards, regulatory guidance, and scientific understanding may change. Eligibility depends on individual facts, including product use, diagnosis, timing, location, records, and applicable law.
No outcome, settlement, compensation, or recovery can be guaranteed.
If you believe you may have been injured by a defective product, consider speaking with an attorney to discuss your individual situation.
Source Notes
Information in this page is based on:
- Federal court procedures for product liability litigation
- Product liability law principles from multiple state jurisdictions
- U.S. Product Safety Commission (CPSC) materials and recalls
- Federal court dockets and case management orders for active product liability MDLs
- Medical literature and scientific research on product-related injuries
- Approved legal intake criteria and case definitions used by attorneys handling product liability litigation
All claims and allegations referenced reflect how lawsuits characterize alleged harms. Allegations are not proven facts without evidence or admission.
Last Updated: July 2026
Next Review: December 2026
This information is subject to change and should be reviewed regularly as litigation, court rulings, and scientific understanding evolve.
