Defective Product Liability: Most Common Product Categories for Liability Claims

Although there is no limit to the list of products that could form the basis of a products liability suit, some of the more common product categories include:

Alcoholic beverages- Alcoholic beverage claims are similar in many respects to claims involving adulterated beverages in general, but some aspects of these cases are specific to alcohol. Some states, for example, have specific statutes that impose liability on sellers of adulterated alcoholic beverages for injuries to the consumer and his or her family and property resulting from the use of the beverage.

Apparel- Products liability cases based on defects in apparel often relate to flammability, the presence of irritants in the fabric, defective construction, concealed foreign objects, or the slipperiness of footwear. All kinds of apparel can be involved, from standard shirts and pants to Halloween costumes and hard hats.

Asbestos- Personal injuries, deaths, and property damage have resulted from exposure to asbestos products, and many products liability suits have been brought to compensate the victims of that exposure. Plaintiffs have based their claims on strict liability, design defect, failure to warn, and civil conspiracy theories, among others.

Chemicals & cosmetics- Household chemicals and personal-care cosmetics can be the subjects of products liability lawsuits if they are defective and cause injuries. The plaintiffs in these cases must prove that the manufacturer or seller knew or should have known about the dangerous defects in their products.

Firearms- Although many victims of criminal or accidental shootings have attempted to prove that the guns used were defective and that the sellers or manufacturers were liable for their damages, courts have been reluctant to embrace that argument. One exception to holding these defendants liable exists with regard to "Saturday night specials," which are notoriously dangerous and known to be used in criminal activities.

Food & agricultural products- All types of food and beverages, as well as agricultural products like crop care products and animal foods, can also lead to products liability lawsuits if they are defective and cause injuries. In many cases, if the plaintiffs can show that the defendants violated applicable laws, such as sanitary guidelines or pesticide limits, they will be able to prove that the defendants were negligent.

Machinery & tools- Machinery and tools can often lead to injuries, and when those injuries result from a product defect or a failure to provide adequate warnings, the manufacturer or seller may be liable. Defendants in these cases even have a duty to guard against misuse of their products, if they could have reasonably foreseen that such misuse would occur.

Medical products & devices- The line between products liability cases involving medical products and medical malpractice cases is sometimes blurry. Lawyers experienced in these areas can advise both plaintiffs and defendants on which law applies.

Motor vehicle defects- Motor vehicle manufacturers have a duty to use reasonable care in designing their products to ensure the safety of drivers, passengers, and even bystanders. Plaintiffs may have been contributory negligent, however, and thus receive lower or no damages, if they failed to use their seat belts or child restraints, or were careless in some other way, such as by speeding or driving while intoxicated.

Pharmaceutical products- Drug manufacturers must comply with Food and Drug Administration (FDA) guidelines for the manufacture, marketing, and sale of their products. Compliance with FDA standards will not, however, insulate a defendant from liability if its product otherwise proves to be defective. Drug manufacturers have a duty to warn about possible side effects of a drug. Often, a "learned intermediary," such as a doctor or pharmacist, will be charged with the duty of passing those warnings on the patient. If the drug manufacturer advertises its product directly to the general public, however, the manufacturer may still have a duty to warn the public directly about the risks of taking the drug.

Recreational products- Recreational products that can be the basis of a products liability suit run the gamut from board games to amusement park attractions. As with all other products, manufacturers and sellers have the duties to use care in ensuring the safety of their products and to warn about potential hazards.

Tobacco- Tobacco products have been the subject of recent litigation in which the tobacco companies have been ordered to pay very large damage amounts for costs incurred as a result of smoking-related diseases. Although there is mounting evidence that tobacco companies may have known about their products' harmful effects and kept that knowledge hidden, younger plaintiffs will have a harder time alleging that they were affected by that failure to warn, since the adverse consequences of tobacco use have been public knowledge for quite some time now.

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