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Defect Injury

Product liability

Whatever hurt you — don't send it back.

The manufacturer will ask for it. Their letter will be polite and it will mention testing. The product is the case, and it does not reliably come back.

Free · No obligation · About 90 seconds

Injuries caused by defective products

3

Kinds of defect: manufacturing, design, and failure to warn — each proven differently

Product liability doctrine

Strict

Most states apply strict liability, meaning you don't have to prove the manufacturer was negligent

Restatement (Second) of Torts § 402A and state adoptions

Keep it

Preserving the product is the single most decisive thing you can do for a product claim

How these cases are built

Product liability is different from most injury law in a way that works strongly in your favor: in most states you don't have to prove anyone was careless. You have to prove the product was defective, that the defect existed when it left the manufacturer's hands, and that it caused your injury. That's strict liability, and it exists because a company that puts a product into the market is better positioned than you are to catch its flaws.

In exchange for that lower bar, these cases are technical. They turn on engineering, on testing, on internal documents about what a company knew and when, and above all on physical evidence — the actual product that failed.

Which is why the most consequential moment in most product cases happens within days of the injury, before anyone has spoken to a lawyer. The manufacturer's customer service department calls. They're sympathetic. They offer a refund, a replacement, and a prepaid shipping label so they can investigate. It sounds like the responsible thing to do.

Send it and you have given away the only copy of the evidence. It does not reliably come back, and when it does it has frequently been disassembled. Keep the product. Keep the packaging, the manual, the receipt, and the serial number. That single decision decides more product cases than anything a lawyer does afterward.

Evidence and research resources

See all resources

Common questions

Is this a law firm?

No. Defect Injury is a free service that connects people to independent attorneys handling product liability claims. We don't practice law, don't give legal advice, and nobody here is your lawyer.

What does it cost?

Nothing. We're paid a flat advertising fee by the firms we refer to. It doesn't scale with your case and never comes out of a recovery.

The manufacturer wants the product back. What do I do?

Keep it. Politely decline, in writing if you can. Any legitimate examination can happen under an agreed protocol with both sides present. Once the product leaves your possession you've lost control of the central evidence in the case.

There's no recall. Do I still have a claim?

Probably worth asking. Most defective products are never recalled — recalls require a manufacturer to report and an agency to act, and most defects never reach that threshold. The claim depends on the product being defective, not on an agency having said so.

Will you sell my information?

We share your submission with the law firm we refer you to and the providers who transmit and store it. We don't sell it to marketing lists or data brokers, and you can revoke consent to be contacted at any time.

Find out if you have a case

Tell us what happened. If your situation looks like something a lawyer should see, we connect you with an independent attorney who handles this type of claim. If it doesn't, we'll say so.

Free · No obligation · About 90 seconds