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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.

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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.

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  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

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