If you’ve been injured due to a defective product, you sue to receive compensation. Learn more about the process and what you need to know.
Can You Sue a Company for a Defective Product?
Have you ever heard about a person suing a company for a faulty product? Maybe you have a close friend or family member who was harmed by a product before it was recalled for an issue. Or maybe you yourself have been harmed by a defective product, and you are wondering—can you sue a company for a defective product? Yes, if you have been injured by a defective product, you may be able to sue a company.
If you think you may have grounds for a potential lawsuit, you may also be wondering how you can find legitimate legal help. To find legal help, you will need to find an experienced product liability lawyer. A product liability lawyer specializes in helping people injured by defective products obtain justice for their injuries.
Can You Sue a Company for a Defective Product
Yes. The answer to the question—can you sue a company for a defective product—is a resounding yes. The more relevant concern is how to sue a company for a faulty product.
There is no federal products liability law, which means the process for how to sue a company for a faulty product will depend on the laws of the jurisdiction where the claim is brought.
A defective product lawsuit is a type of tort claim. A tort claim is a civil claim that a person brings when another party causes them injury, either through an act or a lack of action. There are seven types of tort cases.
Per Cornell Wex, products liability claims “can be based on negligence, strict liability, or breach of warranty of fitness.” Negligence is a legal concept that assigns the legal responsibility for an accident to the perpetrator of the accident. It can overlap with accidents. Understanding the relationship between negligence and accidents is important to tort law since whether something is intentional or reasonably expected to be checked can determine the outcome of the case.
There are three main types of product defects: manufacturing defects, design defects, and marketing defects. Each type of product liability case will have its own specifics.
When a product is defective, more than one party may be responsible for damages (monetary compensation). Each type of case may hold different parties responsible. Depending on the facts of the case, an injured individual may be able to sue the product manufacturer, wholesaler or distributor, or retailer.
What Proof do I Need?
It’s not enough for you to say that you were injured by a defective product. You will need to provide proof to support your claim. You may even need to provide different kinds of proof to sue a company for a defective product. The following are the different types of proof you may need in a products liability claim:
- Proof of injury – this can be demonstrated through medical records.
- Proof of purchase – you may need to prove that you actually purchased the product which can be accomplished via receipts or credit card statements.
- Proof of proper use – to support your claim you may need to provide evidence that you were properly using the product because improper use may null your case.
- Proof the above was within the statute of limitations – a statute of limitations is a law that sets a time limit for filing a claim.
- Proof of defect – this proof can vary depending on the type of defect and the type of product.
- Proof defect leads to stated injury – this type of proof will vary depending on the type of defect and the type of injury.
Filling a lawsuit can feel overwhelming, but it doesn’t have to be. A knowledgeable product liability attorney will be able to walk you through the legal process and explain how to sue a company for a faulty product. They will answer your questions and help you obtain the necessary proof to support your claim.
Who Can Sue for a Defective Product?
As mentioned above, each defective product claim will have a different set of qualifications. A knowledgeable product liability lawyer will be able to explain how your circumstances compare to the list of injuries that qualify.
One well-known defective product lawsuit is the 3M earplugs lawsuit. Thousands of soldiers suffered hearing damage because 3M knowingly sold earplugs to the U.S. military that were defective. To qualify for the 3M lawsuit, a person may need to prove that they were issued the defective 3M combat earplugs and have experienced hearing issues or hearing loss.
Another defective product lawsuit is the Roundup lawsuit. Roundup is one of the most widely used agricultural weed killers. Unfortunately, many of those who were exposed to high levels of the product have been diagnosed with cancer. To qualify for the Roundup lawsuit, a person may need to prove that they used or were exposed to Roundup and have been diagnosed with cancer.
You may be thinking that the only person who can file a tort claim is the person who was actually injured. However, depending on the circumstances, it may be possible to sue on behalf of someone else. You may be able to sue on behalf of someone else in the following situations:
- The person is mentally or physically incapacitated
- You are a legal guardian
- You have power of attorney
- You are the executor of their estate
- A wrongful death action
- You are a parent of a minor
How to Sue a Company for a Faulty Product
The legal process of suing for defective products can be difficult. That is why you should not try to do it alone.
If you have been injured by a faulty product, the first step you should take after speaking with a health professional is to get in touch with an experienced legal professional. You do not need to concern yourself with the nuances of the legal process at this point. Whether you currently have proof is irrelevant. An experienced legal professional will help you find the best course of action based on your specific circumstances.
Once you have been in contact with a legal professional, the course of action will vary depending on the type of product defects. If you recall from above, there are three main types of defects: manufacturing defects, design defects, and marketing defects (failure on behalf of the company to warn users of potential harm).
Some victims may worry that the companies responsible for their injuries can evade being held accountable through selling the company or by filing for bankruptcy. You don’t have to worry. An experienced legal professional will know how to seek justice on your behalf, even when a company is sold.
Contact the Guardian Legal Network
You deserve justice if you have experienced injuries because of a defective product. The first step in seeking justice is to contact the Guardian Legal Network. You don’t have to do anything to start the process. Simply contact the Guardian Legal Network, and we will help to connect you to lawyers who can learn about your situation and explain your options.
- “Product Liability.” American Bar Association, 23 September 2016, https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/everydaylaw0/health_care/personal_injury/product_liability/. Accessed December 15, 2022.
- “Products liability.” Cornell Law School, https://www.law.cornell.edu/wex/products_liability. Accessed December 15, 2022.