Every year, thousands of people suffer injuries due to defective products. According to the Consumer Product Safety Commission (CPSC), faulty products result in nearly 30 million injuries annually across the United States. However, many consumers don’t realize they may be eligible for compensation when harmed by a faulty product.
At Hollis Law Firm, we are committed to helping individuals understand their rights when defective products have harmed them. If you’ve been injured due to a defective product, we can evaluate your case and guide you through the legal process.
Misconception #1: You Must Have Used the Product Exactly as Intended
Many believe they can only file a product liability claim if they used the product precisely as the manufacturer instructed. However, this is not always true. If a product lacks proper warnings, has a design flaw, or malfunctions in a reasonably foreseeable way, the manufacturer can still be held responsible.
For example, if a kitchen appliance overheats and causes burns, the manufacturer may still be liable even if used slightly differently than instructed. Courts often consider how an average consumer would use a product rather than requiring strict adherence to instructions. Consulting an attorney can help determine if your case qualifies.
What if the Manufacturer Provided a Warning?
Even if a product includes a warning label, manufacturers can still be held accountable if the warning is insufficient, unclear, or fails to address all potential risks. Manufacturers must provide adequate safety instructions, and failing to do so could make them liable for injuries.
Misconception #2: Only the Manufacturer Can Be Held Liable
While manufacturers are commonly named in product liability lawsuits, they are not the only parties that can be held accountable. Liability can extend to multiple entities in the supply chain, including distributors, wholesalers, and retailers who sell the defective product.
For instance, if a retailer knowingly sells a recalled product or fails to remove a dangerous item from its shelves, they may share responsibility for any resulting injuries. A thorough legal review can identify all responsible parties and help maximize potential compensation.
What if the Product Was Imported?
Many consumers assume they cannot sue for injuries caused by imported products. However, domestic distributors or sellers of foreign-made products under U.S. law can still be held liable. If an imported product injures you, an attorney can determine who is responsible.
Misconception #3: If a Product Is Recalled, You Can’t File a Lawsuit
A product recall does not automatically prevent you from filing a claim. While recalls acknowledge a product’s safety issue, they do not absolve manufacturers of liability for injuries caused before or after the recall.
For example, if an individual was harmed by a recalled medical device or pharmaceutical drug, they may still be entitled to compensation. Recalls can prove a product is defective and strengthen a legal claim.
What if You Continued Using a Recalled Product?
Even if you continued using a recalled product, you might still have a valid claim, especially if you were unaware of the recall or the notice was not widely publicized. An experienced lawyer can review the details of your case to determine your options.
Misconception #4: You Must Prove Negligence to Win a Case
Unlike other personal injury claims, product liability cases do not always require proof of negligence. Many claims rely on strict liability, which means you only need to show that the product was defective and caused your injury.
Strict liability applies to:
- Defective design: When a product is inherently dangerous due to its design, even if manufactured correctly
- Manufacturing defects: When errors in the production process make a product unsafe
- Failure to warn: When a product lacks necessary safety instructions or warnings
Because of strict liability, injured consumers may have an easier compensation path than they initially assumed. An attorney can assess which legal theory applies to your case.
Misconception #5: Product Liability Cases Are Too Expensive to Pursue
Many people worry about the cost of hiring an attorney, assuming they cannot afford to file a claim. However, most product liability lawyers, including ours at Hollis Law Firm, work on a contingency fee basis—meaning you pay nothing upfront.
This structure allows injured consumers to pursue justice without financial risk. If you’ve suffered injuries due to a defective product, consulting with a lawyer can help you understand your legal options without obligation.
Call Hollis Law Firm to Level the Playing Field Against Negligent Manufacturers
If a defective product has harmed you, you should not have to navigate the legal process alone. At Hollis Law Firm, we help injured consumers level the playing field against large corporations and hold negligent manufacturers accountable.
Our product liability lawyers have experience representing individuals harmed by dangerous medical devices and other hazardous goods. Call our office today at (800) 701-3672 or complete our contact form for a free case evaluation.
