US Product Liability — Contingency Fee Guide

What Are the Types of Product Defects?

Direct Answer: Product liability law covers three defect types: manufacturing defects (production errors), design defects (inherently unsafe design), and marketing defects (inadequate warnings or instructions). Strict liability applies in most states — no need to prove negligence. Attorneys work on contingency.

Product liability law recognises three categories of defect:

• Design defects — the product's design is inherently unreasonably dangerous, even when manufactured correctly
• Manufacturing defects — an error during production causes a specific unit to deviate from its intended design
• Marketing defects (failure to warn) — the product lacks adequate warnings, instructions, or labelling about foreseeable risks

Strict Liability vs Negligence

Most states apply some form of strict liability to product defect cases. Under strict liability, the plaintiff does not need to prove that the manufacturer was careless — only that the product was defective and the defect caused the injury. The Restatement (Second) of Torts § 402A, adopted widely since the 1960s, established this framework. The Restatement (Third) of Torts: Products Liability (1998) refined the approach, applying different tests to design, manufacturing, and warning defects.

Who Can Be Held Liable?

Product liability claims can be brought against any party in the chain of distribution: the manufacturer, component part makers, assemblers, wholesalers, distributors, and retailers. In some states, liability extends to parties who refurbish or repackage products.

Common Product Liability Cases

• Defective motor vehicles and auto parts (airbags, tyres, seatbelts)
• Dangerous pharmaceuticals and medical devices
• Defective consumer electronics
• Contaminated food products
• Defective children's products and toys
• Industrial machinery and power tools