
By: Capital Injury Law
What is Product Liability?
We all use countless consumer products every day. When you put bread in the toaster in the morning, drive your car to work, or go home and make dinner, you’re relying on multiple products to be safe and functional: a toaster, a car, your kitchen tools, and the produce you bought. But sometimes, those products harm us.
Capital Injury Law in Tacoma specializes in personal injury claims, including product liability. If you’ve been injured by another’s actions, such as a manufacturer’s defective product, we’re here to defend your rights and guide you to the compensation you deserve. Let’s learn more about product liability and how we can help.
Table of Contents
The Meaning of Liability
In law, liability means legal responsibility. It typically means that someone is responsible for damages or injuries they cause. Civil liability allows an injured person to pursue compensation from the person who injured them.
Product liability applies this concept to manufacturers, holding them accountable if their product harms someone. It can also apply to other members of the supply chain, such as wholesalers and retailers. These producers have a responsibility to provide safe, reliable products, and if they don’t, they may owe damages.
Types of Product Liability Claims
Product liability claims come in all shapes and sizes, from a light that overheats to defective airbags in a vehicle. These claims can be categorized based on whether the problem stems from manufacturing, design, or marketing.
Manufacturing Flaw
Sometimes, manufacturing errors happen in the factory and have harmful effects on future consumers. A leak might contaminate a batch of food products, or a faulty component might leave sharp edges on a toy. These are unintentional mistakes, but can still lead to liability claims. The manufacturer is responsible for keeping the factory safe and efficient, preventing such errors.
Design Flaw
Even if nothing goes wrong during manufacturing, an item might still be dangerous if it was poorly designed in the first place. If a car’s design leaves it with a slight steering problem, the manufacturer may be liable for accidents that result from faulty steering. In a design flaw case, you must prove that the design was unsafe and that there were safer alternatives.
Marketing Flaw
Marketing flaws are also known as “failure to warn.” These often involve medications. If a manufacturer does not provide adequate warning about a product’s side effects and risks or doesn’t provide sufficient instruction for use, they may be liable for resulting injuries. Even if a warning is provided, but is difficult to find or read, it may still be grounds for a product liability case.

How Does a Product Liability Lawsuit Work?
If you’ve been injured by a product, you can file a complaint against the manufacturer or other responsible party. As the plaintiff, you must demonstrate that the product was defective and caused your injuries, despite correct or reasonable use. The defendant, usually the manufacturer, can deny your claim or offer compensation. If they don’t offer satisfactory compensation, you may take the case to court.
Filing the claim: You’ll file a complaint that outlines the situation, including the product’s defects and your injuries. It may include evidence such as pictures, receipts, and medical records.
Negotiation: The manufacturer most likely will want to avoid a trial, but their insurance company will also want to pay as little as possible. They may deny your claim altogether or at least some of it. This leads to a negotiation phase between the plaintiff and defendant as they try to agree on a fair settlement.
Trial: If a settlement can’t be reached, the case goes to trial. A judge or jury will ultimately determine liability and how much compensation is owed.
Why You Should Hire a Product Liability Lawyer
Product liability lawyers like our team at Capital Injury Law can help you with every step of the case. If you’ve been injured and want to seek compensation but don’t know where to start, we can guide you through the process. A product liability lawyer can help make your claim as strong as possible by gathering the right evidence.
Legal counsel is especially crucial during negotiations and the trial. Insurance companies are well-versed in loopholes and finding ways to minimize compensation for product liability claims, but likewise, we are well-versed in fighting for your rights. If the case goes to trial, legal representation greatly improves your chances of success.

Schedule a Consultation with Capital Injury Law Today
If you’ve been harmed by a product due to a manufacturing, design, or marketing flaw, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. Capital Injury Law is here to defend your rights and help you get the compensation you deserve. Contact us today to schedule a consultation.