Myths About Defective Product Claims That Stop Injured People From Holding Manufacturers Accountable
Product liability claims are among the most legally misunderstood cases in personal injury law. We break down the myths that cause injured people to dismiss valid claims against manufacturers and sellers without ever seeking help.
When a product fails and someone gets hurt, the first instinct is often to blame themselves. Maybe they used it wrong. Maybe they should have read the instructions more carefully. Maybe it was just bad luck. That internal narrative is understandable, and it’s also frequently inaccurate.
The legal team at Marsh | Rickard | Bryan, LLC handles product liability cases alongside other serious injury matters, and the same misconceptions surface repeatedly. A personal injury lawyer working on a defective product claim will tell you that manufacturers, distributors, and retailers are held to legal standards that most consumers don’t know exist. Walking away from a valid claim because of a myth is a costly mistake. Here is what we want to clear up.
Myth: You Have to Prove the Manufacturer Did Something Intentionally Wrong
You don’t. Intent has nothing to do with it. Product liability law operates under theories that don’t require proving deliberate misconduct.
The three most common grounds for a product liability claim are:
- Manufacturing defects: The product deviated from its intended design during production, making the specific unit that harmed you more dangerous than it was designed to be
- Design defects: The product’s design itself is unreasonably dangerous, meaning every unit produced carries the same risk
- Failure to warn: The product carries risks that weren’t adequately communicated through labeling, warnings, or instructions
Under strict liability theory, which many states apply to product liability cases, a manufacturer can be held responsible for a defective product even without any negligence. The product was defective. It caused harm. That may be enough.
Myth: You Have to Still Have the Product to Have a Claim
Preserving the defective product matters and should be done whenever possible. But its absence doesn’t automatically end a claim. Medical records, photographs, purchase documentation, and expert analysis of the injury can sometimes establish what happened even without the product itself.
If you’ve been injured by a product you no longer have, speak with an injury attorney before drawing any conclusions about whether the claim is viable.
Myth: Only Expensive or Complex Products Lead to Viable Claims
Not at all. Product liability claims have involved everything from children’s toys and kitchen appliances to pharmaceuticals, medical devices, vehicle components, power tools, and cosmetics. The category of the product matters far less than whether the product was unreasonably dangerous and whether that danger caused the injury.
According to the Consumer Product Safety Commission, the agency tracks thousands of injury incidents annually involving consumer products across virtually every category. Many of those incidents involve defects the manufacturer knew or should have known about.
Myth: You Can Only Sue the Company That Made the Product
The chain of liability in a product liability case can include multiple parties:
- The manufacturer of the finished product
- The manufacturer of a component part that was defective
- The company that assembled or modified the product
- The distributor who brought it to market
- The retailer who sold it to you
Each party in the commercial chain that placed a defective product into the stream of commerce may bear responsibility. An injury attorney evaluates the entire chain, not just the most visible name on the packaging.
Myth: If the Product Was Used Properly, There’s No Claim
Actually, this fact supports your claim rather than undermining it. A product that fails during normal, foreseeable use, whether in a way it was explicitly designed for or in a way the manufacturer should reasonably have anticipated, creates a much stronger argument for defect than one that failed under unusual or extreme conditions.
Myth: These Cases Are Too Complex to Pursue
They’re often more involved than a straightforward car accident claim. That’s accurate. But complexity is a reason to have experienced legal representation, not a reason to abandon a legitimate claim.
According to the CDC, consumer product-related injuries result in millions of emergency room visits annually in the United States. The legal framework around product liability exists precisely because the individual consumer rarely has the resources to challenge a large manufacturer alone. That’s exactly the role an injury attorney plays in these cases.
Product liability claims also tend to involve larger defendants with more resources, which is a reason to take the case seriously, not a reason to back away from it.
If you’ve been injured by a product you believe was defective or inadequately labeled, we encourage you to speak with a personal injury law firm before deciding whether you have a viable claim. The answer may be different from what you’d expect.