How Do I Know if I Have a Valid Product Liability Case?

How Do I Know if I Have a Valid Product Liability Case? Date: Jan 21, 2026

You recently purchased a product that was supposed to be safe, but something went wrong. Instead of adding value to your life, it has injured you both physically and financially, as you required medical assistance. At this point, you’re likely wondering if you have a product liability claim. The answer could be yes, depending on some key factors. This is where the product liability law comes into play.

This law specifically protects you, the consumer, from defective products and ensures that the manufacturers, retailers and distributors are held accountable. If you find yourself in this situation, you may have a valid claim. Here’s our guide to help you determine if you have a valid product liability lawsuit.

What Is Product Liability?

Product liability law holds the distribution channel — manufacturers, distributors and retailers — legally responsible for damages and injuries caused by a defective product. Companies have a legal duty to ensure that their products are safe for consumers.

If companies fail to maintain safety standards, injured consumers can seek compensation to cover medical bills, pain and suffering, and lost wages incurred due to the defective product. When this happens, various parties can be held accountable, including:

• The manufacturer who produced the product.
• The distributor who sold it.
• The retailer who sold it to you.
• Sometimes, the brand on the product.

As the affected consumer, you shouldn’t have to bear the cost of an injury caused by a faulty product. The company should be held accountable.

Types of Product Liability Claims

There are three types of claims that fall under product liability case requirements. We will cover each one, providing explanations, examples and evidence needed to prove your claim.

Type 1: Design Defect

A design defect refers to a product’s design that’s flawed prior to manufacturing. This means that the design itself is unsafe, even if it was manufactured correctly. This defect affects all products manufactured with this unsafe design.

Examples of a design defect include:

• A children’s toy with small parts that could detach and are a choking hazard.
• A chair design that cannot support enough weight, causing a fall, which could lead to injury.
• Clothing made from highly flammable materials, which poses a risk of burn injuries.
• Hair dryers with inadequate ventilation that can overheat, potentially posing a fire hazard.
  

  

To claim that the flawed product design caused injury or damage, you need to prove that:

• The product’s design is unsafe.
• A safer alternative is available.
• The product was used correctly and as intended.
• The product’s design caused you injury.

Type 2: Manufacturing Defect

A manufacturing defect means that the product design is safe, but it was improperly manufactured due to an error in the production process. This happens to a smaller percentage of products manufactured, meaning that not all are defective.

Scenarios of a manufacturing defect include:

• Medication that becomes contaminated during production due to inadequate sanitation or sterilization processes.
• A vehicle’s brakes improperly assembled in manufacturing, which could result in performance failure and place the driver and their passengers’ lives at risk.
• Food that was contaminated due to unsanitary factory conditions, leading to illness.
• A mattress with a sharp piece of metal left inside the materials, which protruded and caused injuries while being slept on.

In a manufacturing defect case, you will need to prove:

• The product deviated from its intended design.
• The defect was present when the product left the manufacturing facility.
• The manufacturing defect caused your injury.
• You used the product correctly despite the manufacturing defect.

Type 3: Failure to Warn

Failure-to-warn or marketing defects occur when a product is considered safe for use but has improper or inadequate warnings about hidden dangers. Companies are required to inform you about risks that you wouldn’t know otherwise. These defects are instances of negligence that occur during the retailing and marketing phase of a product.

Marketing defect instances include:

• A medical device without proper instructions on how to use it, which can cause harm due to improper use.
• Medication that fails to provide warnings about serious side effects or interactions with other medicines.
• Cleaning products without safety warnings about dangerous fumes when mixed with other chemicals.
• A power tool without clear instructions about the protective equipment required.
• Misleading advertising.

To support a failure-to-warn claim, you’re required to prove:

• The reason why a more detailed warning was necessary.
• The warning was undisclosed or inadequate.
• You were unaware of the potential dangers associated with the product.
• Proper warnings would have prevented your injury.

What to Do if You Have a Potential Case

If you have a potential product liability lawsuit, it’s time to prepare to present your claim. There are various steps you need to follow to ensure your case runs as smoothly as possible.

Step 1: Document Everything

You need proof to support your claim. This evidence may include a variety of documents, so keep all documentation related to the defective product and your injuries.

Ensure that you:

• Keep the defective product along with its receipts, packaging, manuals and warnings.
• Record injuries caused by the defect.
• Get witness statements if the incident was seen by others.
• Document the product defect with pictures and videos.
• Save all medical records and bills as proof of injury.
• Keep bank statements to prove financial loss.
• Write down what happened as soon as you can.
• Research similar injury reports about the same product to see if this defect is a common issue.
• Check if a recall of the product has been issued.

Step 2: Get Medical Care

It is essential that you get medical care if you have been injured by a defective product. This is required for your health and well-being, while also providing professional documentation of your injuries. Keep the documents from the doctor, including medical records and receipts of expenses.

If injuries are serious, your doctor may place you on medical leave from work to recover, which can impact your financial health. Document lost wages to present as damages incurred due to the injury.

Step 3: Report It

Once you have collected all of the evidence to support your claim, you must report the incident and the defective product. There are various directions that you can take your claim.

You can report it to:

• The manufacturer.
• The FDA (for food or medication defects).
• The Consumer Product Safety Commission (CPSC).

After sending your report to the relevant supply chain party, document the response you receive. This will be a vital piece of evidence to include in your documentation and support your case. If there is no response, that’s OK — make note of it.

Step 4: Consult an Attorney

Product liability cases can be complex, as manufacturers typically have extensive insurance and teams of lawyers to protect them against liability claims. To represent you and your claim, you’ll need an experienced product liability lawyer to support and defend you.

At Argionis & Associates, we offer over 20 years of experience in personal injury cases and can help you. We have a proven track record of winning cases and have recovered millions of dollars for victims of personal injury.

There are no up-front costs. We work on a contingency-fee basis and provide extensive trial and negotiation expertise.

Contact Argionis & Associates Today

If you were injured by a defective product, you deserve answers and compensation. Don’t wait to file your case with a product liability lawyer in Chicago — statutes of limitations leave you with limited time to fight back.

Contact us for a free consultation to discuss your case with experienced attorney George Argionis, and determine if you have a valid claim.

George Argionis

George Argionis has over 20 years of experience in handling cases involving auto collisions, premises injuries, medical malpractice, product liability, construction-related and work-related injuries. He has dedicated his career to helping restore lives both emotionally and economically.