How Defective Product Lawsuits Work

Defective products can injure people and damage property. Fortunately, for those who’ve suffered an injury or loss due to a defective product, the law provides a way to seek compensation through a product liability claim. It’s not a simple process, but a Sarasota personal injury lawyer can guide you through the legal maze to compensation.

Here’s some information about how it all works.

Kinds of Cases

Generally, defective product lawsuits allege that the manufacturers or sellers of a product were negligent, or the cases are based on strict liability theory. This law requires that the claimant proved that a problem or injury occurred and that the defendant was responsible for the problem without finding the defendant was negligent.

For example, to win a case under strict liability theory, the claimant must prove that the product had an unreasonably dangerous defect that caused injury or harm, that the product was being used as intended when the injury occurred, and that the product hadn’t been changed or altered substantially after it was purchased.


Damages awarded in defective product cases are compensatory. This means the damages are compensation for economic losses and non-economic losses related to the harm or injury caused by the defective product. Economic losses include medical costs, disability costs, lost wages, and lost property damages. In some states, injured parties may receive non-economic losses. These include pain and suffering and loss of companionship that may have resulted from the injury. Punitive damages, or fines levied as punishment, aren’t usually awarded in defective product claims, because the injuries or harm weren’t due to malicious intent.

If you believe you or a loved one has been injured or harmed by a defective product, don’t wait to contact a personal injury attorney. Immediate action may be required, depending on when the injury occurred and when it was discovered. These cases can be complex and confusing, but an experienced attorney can help you get the compensation you are due.