Product Liability

Frequently Asked Questions about product liability

Who can file a product liability claim?
A consumer, or user of a product who has been harmed by the use of a product containing inherent defects seek damages. It need not be the owner of a product; someone to whom the product was loaned or given, or who was required to use the product as part of their work would also be eligible.

Does location of the product failure or citizenship status of the plaintiff affect a product liability claim?
The plaintiff’s citizenship or immigration status is not an issue in a products liability case. Casey Gerry has represented Mexican citizens, Mexican nationals living in the US, and undocumented immigrants who have been harmed by defective products manufactured and/or sold in the US. Where the product failure occurred is also not a factor.

What is the definition of a product?
While products are generally taken to mean as tangible personal property, products liability law includes intangibles such as a gas, animals, real estate such as a house or an office building, and intellectual property such as navigational charts.

What kinds of product liability are there?
A product can be defective by its design, its manufacture, or its marketing. A product can be poorly designed, so that it fails to discharge its intended function, and by its failure causes harm to its user. A properly designed product can have defects in its manufacturing that make it harmful or dangerous to the end user. An appropriately designed and manufactured product can be marketed with inaccurate or misleading instructions, or fails to warn consumers of dangers inherent in the product.

Is there any national product liability law?
No. Product liability is determined by state law.