What Is Product Liability

Have You Been Injured by a Defective or Dangerous Product?

Product liability law exists to protect people when items sold for everyday use turn out to be unsafe, and Regan Zambri Long’s Washington, D.C. product liability lawyers help explain how the law applies when a product causes harm. These cases often involve disputed responsibility and powerful manufacturers, making clarity and accountability essential from the start.

Named as one of America’s Best Law Firms, we have recovered over $1 billion in personal injury cases, including product liability outcomes of $15.2 million, $14 million, and $10 million. Those results reflect our willingness to take on large corporations and pursue claims that are aggressively contested. We bring almost 200 years of combined experience to these cases, and our board-certified partners are all named among the nation’s 500 Leading Plaintiff Consumer Lawyers. Our award-winning team works with top experts to examine how products fail and we front all case costs so financial pressure does not determine whether a claim moves forward.

Have you been injured by a defective product? Contact Regan Zambri Long today, and one of our attorneys will personally reach out to you. We’re available 24 hours a day, 7 days a week, and there’s no fee unless we win your case.

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Is Product Liability the Same as Personal Injury?

Product liability falls under the category of tort law. Tort claims are often personal injury. Product liability is a type of personal injury claim that holds manufacturers of products liable if there was a defect in a product that they produced that caused an injury.

The scope of product-related injuries is significant. The National Safety Council reports that 15.1 million people were treated in emergency departments for injuries resulting from consumer products in 2024, reflecting how often everyday items can cause serious harm when they fail or are unsafe.

What are Some Common Types of Dangerous or Defective Products?

Product Liability

All kinds of products can be dangerous or defective, but some of the most common include:

 

  • Pharmaceutical drugs
  • Baby products, such as cribs, carriers, strollers, high chairs, and car seats.
  • Children’s clothes and toys.
  • E-cigarettes.
  • Pools and spas.
  • Warming blankets or heated blankets.
  • Space heaters.
  • Automobiles.
  • Fireworks.

Injuries from these products range from mild to life-threatening. Some of the common injuries from these products are lacerations, choking, suffocation, amputationburns, and eye injuries.

What Are the Three Main Types of Product Liability Claims?

Product liability claims can generally be classified into three main types. The types are:

  • Breach of warranty. A warranty is a guarantee that a product will work the way it is supposed to. A warranty can be either implied or explicit. If you’ve been injured by a product’s breached warranty, you may have a legal claim.
  • Strict liability. Strict liability claims are specialized product liability claims and only require showing that the product had a defect, not that the manufacturer was negligent. This situation normally arises only with very dangerous products.
  • Negligence. Negligence in product liability is similar to negligence in other areas of personal injury.

What Is Strict Product Liability?

A strict liability tort occurs only in specific situations that are so inherently dangerous that the injured party doesn’t need to prove that the other party breached their duty to them. In a strict liability case, all that the injured party has to prove is that the at-fault party caused the injury without proving negligence.

How Do You Prove Strict Liability in a Product Liability Claim?

paperwork being handed across desk

Strict liability product liability claims generally must have the following four elements:

 

  • The plaintiff must be a merchant. First, there is a requirement that the plaintiff be a merchant, meaning that must be someone who routinely deals in goods of the type at issue. The product must be defective.
  • This second requirement is simple: the product must be defective in some way. This element is satisfied by any of the defects mentioned below: design, manufacturing, or labeling.
  • No changes to the product. The product must not have been changed or altered since it left the control of the liable party. This generally is satisfied by the product continuing to move normally in the regular chain of distribution with no interruption.
  • The plaintiff must be using the product in a foreseeable manner. This last element can be trickier to prove. “Foreseeable” use of a product does not always mean using it according to its main use, and it can even mean misuse. There are circumstances where it is foreseeable for a consumer to use a product in a certain way, and if this use has risks, it is the duty of the defendant to warn the consumer. For example, a folding chair’s main use is seating. However, it is foreseeable that a consumer might use it to stand on. If the chair collapses in the course of a foreseeable use by the consumer, then the defendant had a duty to include instructions or a warning.

How Do You Prove Negligence in a Product Liability Claim?

When a product liability claim is based on the negligent design, manufacture, or failure to provide instructions, the general elements that you must prove to succeed in your claim are:

 

  • The defendant sells a product.
  • The defendant is a commercial seller of the product.
  • The plaintiff must suffer an injury.
  • When the defendant sold the item, it was defective.
  • The defect was an actual and proximate cause of the plaintiff’s injury.

The elements are similar to a standard tort claim but are more specialized because they involve product liability.

What Types of Product Defects Can Lead to Liability?

defective product, flames around electrical unit, burning

There are various types of product defects, but the main three types of defects in products are:

  • Defective manufacturing. Manufacturing defects are errors during the creation of the product or any defects during the manufacturing process. This type of defect is common when there is a lack of quality control. Many products with manufacturing issues have flaws caused by a defect or deviation in the manufacturing, which means that the defective product differs from the others on the assembly line. This type of defect is also known as a one-in-a-million type of defect.
  • Defective design. Product designs themselves can also be dangerous. Defects often occur when the cost to a company of redesigning a product outweighs the benefits. Many class action lawsuits against automobile manufacturers are based on design defects. Vehicles have a variety of safety defects, including airbag defects, seat belt defects, electrical systems defects, brake failures, steering failures, tire failures, fuel system failures, and windshield wiper failures. A 2024 National Highway Traffic Safety Administration report lists 704 vehicle recalls due to safety defects, affecting more than 21 million vehicles across the United States.
  • Failure to provide adequate warnings or instruction. The last type of product liability claim is the failure to provide sufficient warnings or instructions to consumers. Manufacturers have a responsibility to publish warnings about any risks. Manufacturers also must make sure these warnings are clear and in language that consumers can easily understand. If the risk is hidden or otherwise concealed, the warning label must adequately explain the situation. The most common type of failure to warn arises with medications and pharmaceutical drugs with an estimated 4,500 recalls in medicine taking place each year.

If you were injured by a product under one of these circumstances, you could be entitled to compensation through a product liability claim against the manufacturer of the product. If you find yourself considering a product liability claim, you should consult with an attorney with experience in these practice areas. You can call or message us today for advice and a free consultation.

Can There Be a Class Action in a Product Liability Claim?

A class action lawsuit involves a large group of plaintiffs instead of one or several co-plaintiffs. A class action lawsuit happens only in certain circumstances when a large number of people have been injured by a product defect. This often occurs when a mass product recall requires a product to be removed from stores and returned to the manufacturer to protect consumers from harm.

Who Is Liable for the Defective Product?

Consumers have a right to assume that the products they use are safe and that they have been tested for risks before going on the market, and anyone injured by a dangerous product, even sometimes indirectly, can recover damages. You can even recover damages if you were not the person who purchased the product if you meet the other requirements for a claim.

Any person or company in the line distribution can be liable for a dangerous product. This will, of course, depend on the facts of your claim and on who knew about the danger. Generally, liability can fall on the product manufacturer, a product’s part manufacturer if only a part were at issue, the person or company responsible for assembling the product, the person or company who installed the product, the wholesalers, or the store that sold the product.

Contact Our DC Product Liability Attorneys Today

What Damages Can I Receive in a Product Liability Claim?

injured person in wheelchair

You can be compensated for many kinds of damages in a product liability claim, including:

 

  • Medical bills. Any medical bills associated with your injury can be compensated.
  • Lost wages. Any lost wages from the injury and future lost wages can be compensated.
  • Pain and suffering. Sometimes, you can recover additional damages on top of medical bills to compensate you for your pain and suffering.
  • Emotional distress. The injury to your mental state can also be compensated.

Are There Any Defenses to a Product Liability Claim?

Even when a product is found to be defective, some courts use certain tests to find out if the defendant is still liable for the defect. The two tests are:

 

  • Risk-utility test. The first test sometimes used is the risk-utility test. Under this test, the defendant is not liable for a design defect if there is evidence showing that the product’s utility outweighs its risk of harm.
  • Consumer expectation test. This test asks if a reasonable consumer would find the product defective when using it reasonably. If a reasonable consumer would not consider the product defective with reasonable use, then the defendant is not liable even if an injury resulted.

What Is the Statute of Limitations for Product Liability Claims?

Statutes of limitations, or how long after the death or injury, vary by state. It is in your best interest to work with a lawyer who understands these deadlines. Regan Zambri Long practices throughout Maryland, Virginia, and Washington, DC. The statute of limitations in these three locations is:

 

  • Maryland. In Maryland, the statute of limitations for a product liability claim is 3 years from the date of the injury or damage to property.
  • Virginia. In Virginia, the statute of limitations for a product liability claim is 2 years from the date of the injury, death, or damage to property.
  • Washington, DC. In DC, the statute of limitations for a product liability claim is 3 years from the date of the injury or damage to property.

Why Choose Regan Zambri Long for a Product Liability Claim?

Regan Zambri Long Product Liability Lawyers in group photo

If you or someone you love has been injured and you are considering filing a legal claim for your injuries from a defective product in the Maryland, Virginia, or Washington, D.C. areas, one of the many experienced lawyers on our team can help.

 

Over the last three decades, Regan Zambri Long has achieved more than $1 billion in personal injury recoveries on behalf of our personal injury clients. These include product liability outcomes of:

 

  • $15.2 million in a settlement for the family of a carpenter crushed to death as a result of a defective back-up alarm
  • $14 million in a confidential defective product personal injury case
  • $10 million in a product liability case against a car manufacturer
  • $5.5 million in a product liability settlement for the death of a teenager resulting from a defective heater
  • $5 million settlement in a product liability case

One of our senior partners, Victor Long, has secured some of the highest settlements and verdicts in our product liability practice and has litigated product liability cases involving the leveling and marketing of medication and pharmaceutical drugs. One of Attorney Long’s product liability successes was a $4.2 million settlement for a 6-year-old child injured by defective playground equipment. Another of his successes was a $3.8 million settlement for a 5-year-old child injured in a fire caused by a faulty extension cord. This even resulted in the company developing a warning label for the extension cord.

 

Our three founding partners are all distinguished members of the legal community:

 

 

All three are AV Preeminent-rated by Martindale-Hubbell and are board certified in Civil Trial Law and Civil Trial Advocacy by the National Board of Trial Advocacy. They have each also served as President of the District of Columbia Trial Lawyers Association.

 

Our attorneys have all been recognized for their prowess in personal injury litigation:

 

  • All six partners are named to Lawdragon’s list of the 500 Leading Plaintiff Consumer Lawyers in America
  • All our attorneys are currently listed among Washington,DC’s Super Lawyers, with Patrick Regan, Salvatore Zambri, and Paul Cornoni named to their list of the Top 100 in the District
  • All our attorneys are also named among the District’s Best Lawyers, with Patrick Regan, Paul Cornoni, and Salvatore Zambri named as Lawyer of the Year on multiple occasions.

Our lawyers often operate on a contingency fee basis, meaning that you only pay after you win, and the amount owed is based on the amount you win at trial. Call Regan Zambri Long today or contact us online for a free case evaluation.

Schedule a Free Consultation

Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

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