The First 90 Days Of A Product Liability Claim

Product liability claims involve a myriad of products ranging from airplanes, to coffee makers, to component construction materials and parts. However, the legal basics are generally the same for all product liability claims: the plaintiff is injured from the use of a product and, as a result, sues the product manufacturer, supplier, and/or retailer of the product.

In the U.S., the causes of action that most commonly are pursued for product liability are negligence, strict liability, breach of warranty, and various consumer protection claims.

The majority of product liability laws are determined at the state level and vary widely from state to state. Each type of product liability claim requires different elements to be proven to present a successful claim. However, there are basics that apply to nearly every jurisdiction.

In most states, the claims of manufacturing defect, design defect, or failure to warn are not legal claims in and of themselves, but are pleaded in terms of the theories of strict liability, negligence, and breach of warranties.

Regardless of what type of claim it is, there are universal strategies that can be employed to effectively and efficiently defend and manage product liability claims. Here are the keys to successfully handling a product liability matter during the first 90 days of a claim.