
Four Types of Product Liability Claims

Andrew is whipping up dinner in his pressure cooker when suddenly, the machine explodes, dousing him with boiling-hot food and steam. Can Andrew sue the manufacturer for his hospital bills? Possibly.
Product liability claims arise when a product is defective in some way or when the manufacturer fails to warn consumers of its risks. Below, learn about a few common types of product liability claims and how a product liability lawyer can help.
Hurt by a Defective Product? You May Have a Product Liability Claim
When you buy a product, you expect it to be safe — not to blow up, leak dangerous chemicals, or catch on fire while you’re holding it. This is a perfectly reasonable expectation, and manufacturers have a responsibility to ensure that their products are safe and fit for sale before they go on store shelves.
Product liability is a branch of personal injury law that holds manufacturers responsible if someone suffers an injury because of its products. If you were hurt by a defective product, you could sue for medical bills, property damage, and non-economic damages such as pain and suffering.
Contact our team today so we can fight to help you get the compensation you deserve.
Common Types of Product Liability Claims
Product liability is more complicated than just saying, “This product injured me, so I’m going to sue.” To qualify for compensation, you must have evidence that the product was defective, such as manufacturing defects or design defects.
We’ll go over some common types of product liability claims below.
When Bad Manufacturing Practices Are To Blame
Manufacturing defects are fairly rare, but the consequences can be disastrous for consumers when they occur. Imagine a car without brakes or a piece of playground equipment without an important safety mechanism.
Manufacturing defects may occur when something goes wrong in the assembly line. Perhaps the assembly equipment isn’t calibrated correctly, or maybe it deposits walnuts into a food product that’s supposed to be nut-free.
Here’s an example of when you could sue for a manufacturing defect. Suppose you buy a lawnmower, and when using it for the first time, the blades go flying off and hit you in the ankle. Upon investigation, you find that the lawnmower’s blades weren’t attached properly.
The Product Doesn’t Do What It Says on the Tin
Sometimes, it’s not the manufacturer that is to blame for a faulty product but the designer. If a product’s design is faulty, it doesn’t matter whether the manufacturer does everything right. All products based on that design might be defective and, therefore, not meet consumer safety standards.
Design defects are a common element of class-action lawsuits against car manufacturers. For example, consumers have filed product liability claims against auto manufacturers for flaws like defective airbags, brakes, tires, and steering mechanisms. Any of these could cause a serious accident involving severe injuries and death.
Warnings, or Lack Thereof
If you were injured by a product because the manufacturer neglected to warn you about its risks, you could file a claim for failure to warn. Under product liability laws, manufacturers must provide clear instructions and clearly warn consumers about the possible risks of using the product.
Failure to warn is a common claim with medications. For example, a drug manufacturer might fail to list all of the side effects associated with a medication.
Keep in mind that you cannot sue for failure to warn if the risk is obvious. For instance, you couldn’t file product liability claims for falling off a ladder or cutting yourself with a knife.
Breach of Warranty
When a manufacturer claims that a product has a certain quality, and the product lacks this claimed quality, you may be able to sue for breach of warranty. This applies to both express warranties (explicit claims about a product) and implied warranties (the implication that a product is fit for use).
Note that before you can sue, you must first attempt to exhaust all other remedies, such as seeking a replacement product. Some warranties might also require you to resolve the issue through a neutral third party in mediation.
How Can You Seek Compensation for Injuries Caused by a Faulty Product?
If you were hurt by a faulty product, you have two options for compensation: suing for negligence or suing based on strict liability.
For a negligence claim, you’ll have to prove that the manufacturer acted negligently and that its negligence caused your injuries. For strict liability, the manufacturer is deemed automatically liable, so you do not have to prove negligence.
If you’re suing based on negligence, your lawyer will need to prove:
- The defendant owed you a duty to provide a safe, non-defective product.
- When the defendant sold you the product, it was defective.
- The product’s defect was the “actual and proximate cause” of your injury.
For a strict liability claim, the product must be defective and not have been altered after leaving the hands of the defendant. You must also have been using the product in a “foreseeable manner.” Note that some states don’t allow product liability claims based on strict liability.
Suing for breach of warranty is rarer than claims based on negligence or strict liability. To sue for legal compensation, the plaintiff must either be the actual purchaser or someone in their immediate family.
You may be able to sue based on either breach of implied warranty or breach of warranty of fitness. Breach of implied warranty is similar to strict liability in that you must prove the product is defective. Breach of warranty of fitness, on the other hand, lacks this requirement. Instead, you must prove that:
- You told the defendant of your specific needs for a product (for example, the weight, size, speed, etc.).
- The defendant claimed that they would produce the product according to those needs.
- The product didn’t meet your specifications
Free Consultation 24/7, call (844) 343-9609
Hurt by a Defective Product? Accident Hotline Can Help
Product liability claims can be difficult to navigate, and choosing the right injury lawyer to help you is a true challenge. When you work with Accident Hotline, you don’t need to face that manufacturer and its army of lawyers alone. Call (844) 343-9609, and we’ll connect you with the right product liability attorney near you.
For a free consultation, call (844) 343-9609
Blog Posts:

Left in the Dust: Your Path Forward After a Hit-and-Run
Fast legal help when the at-fault driver runs Understanding Hit-and-Run Accidents A collision is classified as a hit-and-run when a motorist strikes another vehicle, cyclist, pedestrian, or piece of property and speeds off without giving contact details or rendering aid. Arizona logged more than 15,000 such crashes in 2023, according to the Arizona Department of Transportation. Drivers often flee because they are uninsured, intoxicated, or already facing license suspension, leaving victims to shoulder medical bills, car repairs, and lost income. Seasoned injury lawyers step in to trace the driver—or, when that fails, unlock alternative paths to compensation.

When a Quick Glance Becomes a Crash: Understanding Phone Distraction on Arizona Roads
Turning risky scrolls into legal protection for crash victims Scrolling at 65 MPH—A Split-Second Story You’re on the 101 heading home, sunset blazing in the mirrors, when the driver in the next lane dips their head toward a buzzing phone. Five seconds flash by—about the time it takes to say “be right there”—and their SUV drifts over the line, punching your rear quarter-panel. That tiny lapse is part of a national crisis that claimed 3,275 lives in 2023.

Understanding Injury Lawyer Contingency Fees: What You Need to Know
The Basics of Contingency Fees When seeking the services of an injury lawyer, many individuals come across the term “contingency fee.” This unique payment structure allows clients to receive legal representation without any upfront costs. Instead, the lawyer’s fee is contingent upon the successful resolution of the case, typically through a settlement or a court award. This approach is particularly beneficial for those who may not have the financial means to pay hourly legal fees upfront. It helps to ensure that victims of accidents and injuries are not discouraged from seeking legal help due to financial constraints.

Personal Injury Attorneys: Someone On Your Side
Having the right personal injury attorney working on your behalf is a crucial step in navigating the aftermath of an accident or injury. Not only can the right legal representative make a significant difference in your case outcome, but they can also alleviate much of the stress associated with legal matters. This article will guide you through understanding personal injury law, identifying key factors to consider when hiring an attorney, and highlighting the importance of specialization in this field. Understanding Personal Injury Law Personal injury attorneys work with personal injury law, which pertains to legal disputes that arise when an individual suffers harm due to someone else’s negligence or intentional actions. This area of law allows individuals to seek compensation for damages, including medical expenses, lost wages, and emotional distress. The legal framework surrounding personal injury cases is designed to ensure that victims can hold responsible parties accountable for their actions, thereby promoting a sense of justice and deterrence against future negligence.
Get an agent on the line in seconds
Responsive
Legal Assistance
Our personal injury attorneys advocate for the funds necessary to cover bills, secure medical treatment, recoup lost wages, and provide compensation for your pain and suffering.
Are you facing unfair treatment from the insurance company?
Do you know the value of your case?
Is the insurance company asserting that the accident is your responsibility?

We'll get back to you ASAP.
Get Your Free Consultation
You Pay Nothing Unless We Recover Compensation For You