What Is Product Liability Law?

When you buy a product — whether it’s a kitchen appliance, toy, medication, or piece of safety equipment — you often trust that it’s been properly designed, manufactured, and tested. But sometimes, that trust is broken, and unsafe products cause serious harm.

This is where product liability law comes in.

If you or a loved one was injured by a defective product, you may be entitled to compensation under product liability law. These claims hold companies accountable when their products cause harm, and they are a vital part of consumer protection in the U.S.

At the Law Offices of Jason Turchin, we represent clients across Florida and the United States in defective product cases. This guide will help you understand what product liability law is, how it works, and what your rights are if you’ve been injured.

Definition: What Is Product Liability Law?

Product liability law refers to the area of law that holds manufacturers, designers, distributors, and sellers legally responsible when a defective or dangerous product causes injury or death.

Under product liability law, companies can be sued for placing unreasonably dangerous products into the marketplace — whether due to a flaw in design, manufacturing, or labeling.

Unlike traditional personal injury claims that require proof of negligence, many product liability claims fall under strict liability, meaning the company may be liable even if it wasn’t negligent.

The Purpose of Product Liability Law

The core goal of product liability law is to:

• Protect consumers from unsafe products
• Ensure companies are held accountable for dangerous design and production decisions
• Compensate victims of product-related injuries
• Encourage safer manufacturing and quality control

This legal framework helps balance power between large corporations and injured consumers who may not otherwise have a voice.

The Three Main Types of Product Defects

To succeed in a product liability case, you generally must prove the product was defective. There are three primary types of defects recognized under product liability law:

1. Design Defect

This occurs when the product’s design is inherently dangerous, even if made correctly.

Example: A ladder that becomes unstable due to improper spacing of its rungs.

2. Manufacturing Defect

This happens when a product is designed safely, but something goes wrong during production or assembly.

Example: A batch of car airbags that fail to deploy due to missing sensors.

3. Marketing Defect (Failure to Warn)

These claims involve missing or inadequate instructions or safety warnings.

Example: A prescription drug that doesn’t warn users of known interactions or side effects.

Each type of defect involves different legal strategies, expert witnesses, and documentation — which is why working with an experienced product liability attorney is essential.

Theories of Liability in Product Cases

There are several legal theories a lawyer may use to pursue a product liability claim. These include:

A. Strict Liability

Under strict liability, you don’t have to prove the company was careless. You just have to show:

• The product was defective
• You used it as intended (or in a foreseeable way)
• The defect caused your injury

Strict liability is the most common legal theory in product cases because it provides the strongest protection for consumers.

B. Negligence

Negligence focuses on whether the manufacturer failed to use reasonable care in designing, testing, assembling, or marketing the product.

You must prove:

• The company owed a duty of care
• They breached that duty
• The breach caused your injury

C. Breach of Warranty

These claims focus on whether the product failed to meet express or implied warranties, like promises of safety or reliability.

Example: A smoke detector that fails to go off during a fire, despite being labeled “life-saving.”

D. Fraud or Misrepresentation

In some cases, if the company intentionally misled consumers about the product’s safety, you may have a claim for fraudulent concealment or misrepresentation.

Who Can Be Held Liable?

Product liability claims may be brought against any party in the supply chain, including:

• The manufacturer of the product or its components
• The designer or engineering firm
• The importer or distributor
• The wholesaler or third-party seller
• The retailer who sold you the product

Even if you bought the product secondhand or from an online seller like Amazon or eBay, you may still have legal options.

Real-Life Examples of Product Liability Claims

• A pressure cooker explodes, causing severe burns
• A child’s toy breaks apart and poses a choking hazard
• A lithium-ion battery overheats and causes a house fire
• A medication causes internal bleeding due to missing warnings
• A ladder collapses during normal use due to poor design

In each of these scenarios, the injured party may be able to pursue a product liability lawsuit.

What Compensation Can You Recover?

If you’re injured due to a defective product, you may be entitled to damages for:

• Medical expenses – Hospital stays, surgeries, rehab, prescriptions
• Lost wages – Missed work or long-term disability
• Pain and suffering – Physical and emotional trauma
• Scarring or disfigurement
• Loss of enjoyment of life
• Wrongful death damages – For surviving family members if the product caused a fatal injury

An experienced lawyer can work with you to calculate the full scope of your losses.

Florida-Specific Rules for Product Liability

Florida follows strict liability rules but also has some unique considerations:

Statute of Limitations:

• 2 years from the date of injury for personal injury
• 2 years for wrongful death
• In some cases, the clock may start when the injury is discovered (discovery rule)

Comparative Negligence:

Florida follows a comparative fault model — meaning if the injured person is partially at fault, their compensation may be reduced proportionally.

Example: If you used the product improperly but it was still defective, your compensation may be reduced, but you may still recover.

What to Do If You’re Injured by a Defective Product

Here’s what to do immediately after a product-related injury:

1. Get medical care
2. Preserve the product and packaging
3. Take photos of injuries and the product
4. Save receipts, labels, and manuals
5. Report the injury to the manufacturer or seller (but avoid giving a recorded statement)
6. Speak with a product liability lawyer

These steps can help preserve evidence and support your legal claim.

Why Hire a Product Liability Attorney?

Product liability cases are often complex and heavily defended by large corporations. A lawyer can:

• Investigate the product and cause of failure
• Hire product engineers and safety experts
• Identify all liable parties
• Handle communication with insurers and manufacturers
• File lawsuits and negotiate settlements
• Take your case to trial if needed

At the Law Offices of Jason Turchin, we handle these cases on a contingency fee basis — meaning you pay no fees or costs unless we recover compensation.

Frequently Asked Questions About Product Liability Law

1. What types of products can be the subject of a product liability lawsuit?

Almost anything: appliances, toys, cars, tools, medications, electronics, furniture, and more.

2. Do I have to prove the company was negligent?

Not necessarily. Strict liability applies in many cases, which doesn’t require proof of negligence.

3. Can I sue Amazon or another online retailer?

Yes. In many cases, online marketplaces can be held liable for defective products sold on their platforms. An Amazon injury lawyer can file your claim.

4. What if the product was recalled?

You can still sue. A recall may even support your case by showing the company knew of the danger.

5. How long do I have to file a claim?

In Florida, typically 2 years from the date of injury — or 2 years for wrongful death.

6. What if I threw the product away?

You may still have a case, but preserving the product is ideal. Keep photos, receipts, or other documentation.

Contact a Product Liability Lawyer Today

If a defective product caused you harm, you don’t have to face the legal process alone. The Law Offices of Jason Turchin is here to help you understand your rights under product liability law and fight for the compensation you deserve.

📞 Call us today at (800) 337-7755 or fill out our online form for a free consultation. We work on a contingency fee basis — so you don’t pay us fees or costs unless we win.