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Types and Elements of a Product Liability Claim

Woman browses products in a store

As a consumer, you have the right to expect that the products you purchase are safe and reliable. However, in some unfortunate cases, products can cause harm and injuries due to various reasons such as design defects, manufacturing defects, or even a lack of warning labels or instructions.

If you have been injured by a faulty product, it is crucial to understand the types and elements of a product liability claim. These elements are the essential components that must be present to establish liability on the part of the manufacturer, supplier, or seller of the product.

In this article, we will provide a comprehensive guide to help you understand the critical elements of a product liability claim.

There are three main types of product liability cases: strict product liability, negligent product liability, and claims-related warranty.

1. Strict Product Liability:

Strict liability means that a party is responsible for the harm caused by the product they design, manufacture, sell, or distribute, regardless of whether they were negligent or at fault for producing or selling it.

2. Negligent Product Liability:

An entity that designs, manufactures, repairs, or distributes a product can be held liable for negligent product liability when it fails to use the amount of care in designing, manufacturing, distributing, selling, marketing, or repairing the product that a reasonably careful designer, manufacturer, repairer, distributor, or advertiser would use in similar circumstances to avoid exposing others to a foreseeable risk of harm. A judge or a jury will consider whether the defendant in your case knew or should have known about the likelihood and severity of potential harm from the product against the burden of taking safety measures to reduce or avoid the harm.

3. Warranty Product Liability Claims:

A defective product may also warrant a claim related to either an express or implied warranty associated with it. You may have a claim for a product failing to perform as stated in a warranty or for it failing to be of the same quality as its competitors.

Elements of Product Liability Claims

Strict Product Liability

The elements for a strict product liability claim are fairly simple. A plaintiff has to prove (1) that they were harmed by a product designed, manufactured, repaired, distributed, sold, or marketed by the defendant, and (2) that the product either contained a manufacturing defect, was defectively designed, or did not include sufficient instructions or warnings.

Negligent Product Liability

The elements of a negligent product liability case are more complex. A plaintiff must prove:

  1. That the defendant designed, manufactured, repaired, distributed, sold, or marketed the product;
  2. That the defendant was negligent in designing, manufacturing, distributing. selling, marketing, or repairing;
  3. That the plaintiff was harmed;
  4. That the defendant's negligence was a substantial factor in causing the plaintiff's harm.


The final element is damages. You must prove that you suffered damages as a result of your injuries, such as medical bills, lost wages, and pain and suffering.

Understanding these elements can be complex, and it is crucial to have an experienced personal injury attorney on your side to help you navigate the legal process and protect your rights.

At Greene Broillet & Wheeler, LLP, we have extensive experience in handling product liability claims and are dedicated to helping our clients recover the compensation they deserve. Contact us today to schedule a free consultation and learn more about how we can help you with your product liability claim.

Call our Los Angeles attorneys at (866) 634-4525 or contact us online to get in touch with someone from our team about the details of your case right away. We will fight to recover your full and fair compensation.