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Product Liability Law

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Compiled from primary legal sourcesNot legal adviceHow we source this

Product liability law holds manufacturers, distributors, and sellers responsible when a defective product injures someone. The underlying principle is that businesses that profit from putting products into the marketplace should bear the cost of harm those products cause.

This area generally recognizes three kinds of defects: a design defect, where the product is unsafe even when made correctly; a manufacturing defect, where something went wrong in production; and a warning or marketing defect, where the product lacks adequate instructions or warnings about its risks.

Common situations include injuries from vehicles, household appliances, machinery, medical devices, drugs, children's items, and food. A key concept for non-lawyers is that many product liability claims do not require proving that the company was careless; in many cases it is enough to show that the product was defective and that the defect caused the injury. This is often called strict liability.

People typically consult a product liability lawyer after a serious injury they believe a product caused, especially when the product malfunctioned, lacked a needed warning, or behaved in an unexpected and dangerous way. A lawyer can help identify who in the supply chain may be responsible and whether the injury fits a recognized type of defect.

Share of classified federal decisions

1861187519001925195019752000200716%0
share of classified federal decisions

Of the federal decisions we've classified by topic, the share each year that fall under this practice area — so a persistently high line means this is a large, enduring share of federal litigation. This is not a share of all litigation: only part of the corpus is topic-classified (unevenly across eras), and an opinion can belong to several areas, so areas need not sum to 100%. State cases are largely unclassified, so this is federal only. The dip in the last several years is a data-coverage gap — our corpus holds fewer opinions from the most recent years — not a real decline.

Circuit splits in product liability

Legal questions the federal courts of appeals are divided on — each links to the cases creating the split.

From the OpenJurist Bookshop

View all Product Liability Law books →

Related practice areas

Mass Tort LawClass Action LitigationConsumer Fraud and Deceptive PracticesFair Credit Reporting LawFalse Advertising LawHealth Care LawIdentity Theft LawLegal Malpractice Law

Primary law

The governing U.S. Code, statutes and founding documents for Product Liability Law.

Key definitions

Defined terms that recur in product liability law — each links to its dictionary entry.

LiabilityNegligenceWarrantyProximate CauseBreach Of WarrantyRes Ipsa LoquiturContributory NegligenceStatute Of Limitations

Frequently asked questions

Product Liability Law by state

Courts, law libraries and state-specific resources. State law governs much of this area, so deadlines and rules vary by state.

Further reading

  • Causation in Negligence - Paperback
    Causation in Negligence - Paperback
    Sarah Green
  • Tort Law in Greece - Paperback
    Tort Law in Greece - Paperback
    Eugenia Dacoronia
  • The Law of Torts: A Concise Treatise on the Civil Liability at Common Law and Under Modern Statutes for Actionable Wrongs to Person and Property - Paperback
    The Law of Torts: A Concise Treatise on the Civil Liability at Common Law and Under Modern Statutes for Actionable Wrongs to Person and Property - Paperback
    Francis M. Burdick
  • Foreign Plaintiffs in Products Liability Actions: The Defense of Forum Non Conveniens - Hardcover
    Foreign Plaintiffs in Products Liability Actions: The Defense of Forum Non Conveniens - Hardcover
    Warren Freedman
  • Torts - A Wider View - Paperback
    Torts - A Wider View - Paperback
    Stephen D. Sugarman
  • Relational Justice: A Theory of Private Law - Hardcover
    Relational Justice: A Theory of Private Law - Hardcover
    Hanoch Dagan
  • Questions of Liability: Essays on the Law of Tort - Paperback
    Questions of Liability: Essays on the Law of Tort - Paperback
    Donal Nolan
  • The Evolution from Strict Liability to Fault in the Law of Torts - Paperback
    The Evolution from Strict Liability to Fault in the Law of Torts - Paperback
    Anthony Gray
  • Remedies for Breach of Privacy - Paperback
    Remedies for Breach of Privacy - Paperback
  • Reputation, Celebrity and Defamation Law - Paperback
    Reputation, Celebrity and Defamation Law - Paperback
    David Rolph
  • Holocaust Justice: The Battle for Restitution in America's Courts - Paperback
    Holocaust Justice: The Battle for Restitution in America's Courts - Paperback
    Michael J. Bazyler
  • Remedies for Torts - Paperback
    Remedies for Torts - Paperback
    Francis Hillard
  • Class Actions in Privacy Law - Hardcover
    Class Actions in Privacy Law - Hardcover
  • Two Chapters In The Law Of Torts: The Reasonable Man, The Unknown Workman (1898) - Paperback
    Two Chapters In The Law Of Torts: The Reasonable Man, The Unknown Workman (1898) - Paperback
    Francis Taylor Piggott
  • Common Law Torts in Business and How to Avoid Them: A Handbook for Managers - Hardcover
    Common Law Torts in Business and How to Avoid Them: A Handbook for Managers - Hardcover
    Frank J. Cavico
  • Revise SQE Tort Law 2025-26 - Paperback
    Revise SQE Tort Law 2025-26 - Paperback
    Linda Chadderton
  • Reconceptualising Strict Liability for the Tort of Another - Paperback
    Reconceptualising Strict Liability for the Tort of Another - Paperback
    Christine Beuermann
  • Fault Lines: Tort Law as Cultural Practice - Paperback
    Fault Lines: Tort Law as Cultural Practice - Paperback
  • The Theory and Principles of Tort Law - Paperback
    The Theory and Principles of Tort Law - Paperback
    Thomas A. Street
  • Emanuel Law Outlines for Torts - Paperback
    Emanuel Law Outlines for Torts - Paperback
    Steven L. Emanuel
  • Tort Law in Japan - Paperback
    Tort Law in Japan - Paperback
    Hiroyuki Kihara
  • The Impossible Mock Orange Trial - Hardcover
    The Impossible Mock Orange Trial - Hardcover
    Thad G. Long
  • Animals and the Law: A Sourcebook - Hardcover
    Animals and the Law: A Sourcebook - Hardcover
    Jordan Curnutt
  • Public Nuisance - Paperback
    Public Nuisance - Paperback
    Linda S. Mullenix

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.