Free Consultations | Tap To Call Today: 1.888.625.6265

defective product A product can be considered defective in numerous ways. Once the product becomes a part of the commerce stream and injures someone, that injured party may be able to pursue a product liability claim against multiple parties. But, there are requirements in order to file such claims – and just because a product injures someone, does not mean that it was necessarily defective.

Potential Defendants in a Product Liability Claim

In defective product cases (referred to as product liability claims), there are numerous parties that can be held responsible for injuries associated with their products. These can include any company or individual associated with the manufacturing chain – such as the manufacturer of the components, the assembler, the wholesaler, and even the owner of the retail store that sold the defective product.

What Types of Defects Are There?

Product defects will fall into one of three categories: Design, manufacturing or warning defects.

  1. Design Defects – Design defects mean that the product was flawed before it was even manufactured. It could be considered unreasonably dangerous because of that flaw. In this situation, it has nothing to do with the company that manufactured it; instead, it has to do with the company that designed it – because every single item produced according to that design is dangerous. In order to recover damages for this type of defect, the plaintiff must prove that the injury was caused by a design flaw.
  2. Manufacturing Defect – In this case, not all of the products are defective. Sometimes, it could be just a handful that were affected by an error during manufacturing. When this occurs, the product was not manufactured as it was originally designed; therefore, it was flawed, and caused an injury. This can occur when there are fabrication issues, cheap parts, etc. The victim must show that the manufacturing defect was what led to his or her injury.
  3. Warning Defect – This is when a product does not have a manufacturing or design flaw, but it is defective because it did not include proper warnings. This can include inadequate instructions, or inadequate use of warnings. For example, if cough syrups do not discuss dangerous side-effects, this is considered warning label defects.

Legal Theories and Liabilities in Product Defect Cases

In a product defect case, strict liability and negligence are often the legal theories that are used to prove a claim. In strict liability, it does not matter the degree of care that the defendant exerted. Instead, the plaintiff can prove that the product was defective, and he or she will win the claim. In most product defect cases, strict liability does not apply; instead, the theory of negligence is used. In these cases, the attorney must argue that the retailer, manufacturer, or original designer was negligent in some way – and that negligence led to injuries. A claim based on negligence must show that the defendant had a duty of care, and breached that duty by not acting with the appropriate standard of care. Then, the victim must have suffered from an injury due to the breach.

Were You Injured by a Defective Product? Contact Malman Law

If you or a loved one was injured because of a product defect, you may have a valid claim. Contact the product liability lawyers at Malman Law to discuss your case. Schedule a free consultation today; fill out our online contact form with your legal questions.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

Client Review

  • "I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "

    - Cheryl Wagemann
View More Testimonials

Know Your Rights!

Why People Choose Malman Law

You’ll want our experience on your side.
You’ll want your lawyers to be this good.

  • Credibility & Experience

    20,000+ Cases over 25 Years
  • Track Record of Success

    Over $200,000,000 Collected
  • Team of Litigation Lawyers

    Real Courtroom Experience
Need Help
After Hours?

Paralegals Available
24 Hours A Day To
Speak With you

No Matter The Time, We’re Here To Help!
Click to Call Now