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When a Defective Product Kills
When a defective product causes a death, the family can bring a wrongful death claim against the company that made it.
These cases run on a powerful rule called strict liability, which means you do not have to prove the manufacturer was careless, only that the product was defective and that the defect caused the death.
Liability can reach the whole chain: the manufacturer, the maker of a defective component, the distributor, and the retailer.
Defects fall into three types: a dangerous design, a manufacturing flaw, or a failure to warn.
When the same defective product has harmed many people, the case may join a larger mass tort or multidistrict litigation.
Manufacturers defend these cases hard, because a finding of defect can reach every unit they sold.
Call (888) 713-6653 for a free, confidential review of a defective-product death, or use the form.
At-a-Glance: Product Liability Wrongful Death
- A death from a defective product can support a wrongful death claim against the manufacturer
- Strict liability means you prove the defect and the harm, not that the maker was careless
- Liability can reach the manufacturer, a component maker, the distributor, and the retailer
- Three defect types: defective design, manufacturing flaw, and failure to warn
- When many people are harmed by the same product, the case may join a mass tort or MDL
- A known defect the maker hid can support punitive damages
- Free, confidential case review. You Win or It's Free
The Three Types of Product Defect
Every product-liability death case is built around proving one of three kinds of defect. Identifying which one is at issue shapes the entire claim.
- Design defect. The product is dangerous as designed, so every unit shares the flaw. A vehicle prone to rollover, a tool with no guard, or a drug whose risks outweigh its benefits.
- Manufacturing defect. The design is sound, but something went wrong in production, so a specific unit or batch is dangerous. A cracked weld, a contaminated drug lot, or a missing safety component.
- Failure to warn. The product lacks adequate warnings or instructions about a known risk. A medication without a warning of a fatal interaction, or a machine without a clear hazard label.
A single case can involve more than one theory. The same defective vehicle part might be both badly designed and missing a warning, and pleading both strengthens the case.
Who Is Liable for a Defective-Product Death
Strict liability is what makes these cases powerful. In a negligence case you must prove the defendant was careless. In a strict-liability case you prove the product was defective and that the defect caused the death, and the manufacturer is responsible whether or not it was careless.
Not every firm takes on defective-product death cases. The science is hard, the defense is well funded, and the discovery is brutal. These cases call for the experience and the resources to put the file in trial posture.
Liability can extend along the entire chain of distribution:
- The manufacturer. The company that designed and built the product, the primary defendant in most cases.
- A component manufacturer. The maker of a defective part inside a larger product, such as a faulty airbag or ignition switch.
- The distributor and retailer. Companies in the chain that sold the product can share liability under many states' laws.
- A drug or device maker. Fatal injuries from pharmaceuticals and medical devices, covered in our guides to defective drugs and mass tort litigation.
Where a company knew about a defect and hid it, sold the product anyway, or delayed a recall, many states allow punitive damages on top of the family's compensation.
When a Death Becomes Part of a Mass Tort
Defective products rarely harm only one person. When the same drug, device, or product injures or kills many people across the country, the cases are often consolidated into a multidistrict litigation (MDL) or mass tort for efficiency, while each family keeps its own claim and its own damages.
A wrongful death case can stand alone, or it can proceed within that larger litigation. Either way, the recall history, the company's internal documents, and the adverse-event reports often become shared evidence. Our overview of mass tort litigation explains how these cases work and how a fatal claim fits within them.
What a Product-Liability Wrongful Death Is Worth
There is no average, and any figure quoted before the case is investigated is a guess. The value comes from the deceased's lost income and support, the loss of companionship, the survivors' grief, the strength of the defect evidence, and the manufacturer's insurance and assets.
Product cases can also carry punitive damages when a company knew of a danger and sold the product anyway, which can substantially increase the recovery. The categories of loss are in our guide to wrongful death damages, and the valuation framework is in our guide to wrongful death settlement amounts.
Preserve the Product, and Mind the Deadline
The single most important piece of evidence is usually the product itself. Do not discard it, repair it, or send it back to the manufacturer. The defective item, kept exactly as it was, is what an engineer examines to prove the defect, so preserving it protects the case.
Two deadlines also apply. The wrongful death statute of limitations varies by state and is covered in our guide to the wrongful death statute of limitations. Many states also have a statute of repose that bars product claims a set number of years after the product was sold, regardless of when the death occurred, which is one more reason to have the case reviewed quickly.