The Ups And Downs Of Product Liability Cases
Published on:February 1, 2018


Product liability cases are usually brought against the manufacturers of products that cause harm to a user or group of users. Some of these cases also try to bring the company that distributed and sold the product into the lawsuit as well for various reasons. If you are injured by a product, then you should consider a product liability lawsuit. But you should also be aware of the different things that can happen as your case goes through the civil court system.

Who You Are Suing

You might be trying to sue the manufacturer or distributor of a product with your liability lawsuit, but you and your attorney will actually be dealing with the insurance companies that represent those organizations. It is extremely important that the plaintiff in a product liability case should never attempt to talk to the defendants or their insurance companies. Your attorney is much more qualified to speak to insurance companies and you could end your case without even knowing it if you try to talk to the insurance companies on your own.

Bad User Theory

One of the first aspects of your case that the manufacturer will try to prove is that you used their product improperly. In some cases, it can be obvious that the product was used improperly and that will bring your case to an end. If you have any evidence to show that you used the product as it was intended, then you need to give that information to your attorney immediately. The bad user theory is something manufacturers are very good at using, and it is something you should be prepared for.

Proving Damages

When a product causes physical damage either to you or your property, then that is very easy to catalog and prove. But there are many product liability cases that attempt to prove damages that are not so easy to actually see. For example, the plaintiff claims that a defective car part recently installed in their car caused the car’s brakes to fail and for the plaintiff to be injured. In a case like this, the manufacturer can claim that some other defect in the car caused the accident. It is important to get as much evidence as you can that proves that the defective product caused your damages.


Most product liability cases end with a settlement between the manufacturer and plaintiff. While this sounds like the ideal solution, it might not be in your best interests to settle. If your lawsuit was filed in an attempt to prevent anyone else from getting hurt by the defective product, then a settlement will seal the case and no one else will ever know about the danger the product presents. You should discuss a settlement with your attorney and see if it is the right solution for your case.

Product liability cases are common in the medical equipment and auto parts industries, but they can be applied to any situation. If you feel that a defective product is responsible for your injuries or property damage, then you should talk to an experienced personal injury attorney about filing a product liability lawsuit.