Last updated on November 20th, 2025 at 04:06 pm
What You Need to Know About Defective Product Law
Defective product law governs what happens when a consumer product causes injury. If you’ve been hurt by a malfunctioning appliance, a dangerous toy, or a defective vehicle part, this area of law determines who is responsible and how you can seek compensation.
Quick Answer: Key Points About Defective Product Law
- What it is: Legal rules that hold manufacturers, distributors, and sellers responsible for products that cause harm
- Three main defect types: Manufacturing defects (production errors), design defects (inherently unsafe designs), and warning defects (inadequate safety instructions)
- Your rights: You can recover damages for injuries without necessarily proving the manufacturer was negligent
- Who can be held liable: Anyone in the chain of distribution—from the manufacturer to the retailer
- Time limits: Most states have a 2-year statute of limitations from the date of injury
- Common damages: Medical bills, lost wages, pain and suffering, and sometimes punitive damages
When you use a product, you have a right to expect it to be safe. Yet, defective products cause an estimated 20,000 deaths and 2.5 million injuries annually in the United States. From faulty car brakes to malfunctioning medical devices, these failures have devastating consequences.
Product liability law is a type of civil law designed to protect consumers. Its purpose is to compensate victims for their losses and hold businesses accountable for the safety of their products. The legal framework is built on three main theories: strict liability, negligence, and breach of warranty. Most cases use strict liability, which focuses on the product’s defect rather than the manufacturer’s carelessness. If a defective product caused your injury, you may have a valid claim for compensation.
Understanding the Core Components of Defective Product Law
When you’re hurt by a defective product, the defective product law provides your path to compensation. This area of civil law holds businesses accountable, a major shift from the old “buyer beware” mentality. Courts recognize that manufacturers are in the best position to prevent defects and ensure safety. This modern approach exists to protect you, whether you purchased the item, borrowed it, or were simply a bystander when it malfunctioned.
The Three Types of Product Defects You Must Prove
To win a product liability claim, you must prove the product had a specific type of defect. Understanding these three categories is key.
- Manufacturing defects occur during production, making a single unit dangerous despite a safe design. Think of a batch of contaminated medicine or a car with a bolt that wasn’t tightened on the assembly line.
- Design defects mean the product’s blueprint is flawed, making the entire product line inherently dangerous. Examples include a top-heavy SUV prone to rollovers or a space heater that easily ignites nearby fabrics.
- Warning defects (or failure to warn) happen when a product lacks adequate instructions or warnings about non-obvious dangers, such as a prescription drug that fails to list severe side effects.
| Defect Type | Definition | Example | How to Prove It |
|---|---|---|---|
| Manufacturing | A flaw in a single product that deviates from the intended design during production | A new car with faulty brakes due to an assembly line error | Show the specific product differed from others in its line and from the manufacturer’s design, and this deviation caused the injury |
| Design | The product’s intended design is inherently flawed, making the entire product line unreasonably dangerous | A power tool designed without a necessary safety guard | Prove that the foreseeable risks of the design outweigh its benefits and that a reasonable alternative design could have prevented the harm |
| Warning | Inadequate instructions or warnings about non-obvious risks | A prescription drug that fails to list all known severe side effects | Demonstrate the manufacturer knew or should have known about the danger, that the warning was absent or insufficient, and that a proper warning would have prevented the injury |
In Maine, courts typically apply the “risk-utility test” to design defects, weighing the design’s dangers against its usefulness. If a reasonable person finds that the danger outweighs the utility, the product is defective. This is more effective than the older “consumer expectation test” for complex products like medical devices. You can learn more about what are 3 types of product defects that can result in a lawsuit in our guide. The trend toward using the risk-utility test indicates that courts are prioritizing a more thorough safety analysis.
Establishing a Claim: Key Elements and Theories of Liability
Every product liability claim requires proving four key elements to establish what lawyers call a “prima facie case”:
- Product: A physical item was involved.
- Defect: The product had one of the three defect types.
- Causation: A clear link exists between the defect and your injury.
- Damages: You suffered actual harm or losses that can be compensated.
You can pursue a claim under three legal theories:
- Strict liability is the most common approach in Maine. You only need to show that the product was defective and caused your injury, not that the manufacturer was careless. Maine codified this consumer protection in 1973.
- Negligence focuses on the defendant’s conduct, arguing they failed to use reasonable care in the product’s design, manufacturing, or labeling. This is harder to prove but can be key for seeking punitive damages.
- Breach of warranty is a contract-based claim. It involves a broken promise, either an express warranty (a specific guarantee) or an implied warranty (an unstated guarantee of fitness or quality).
The FTC also issues “Notice of Penalty Offenses” for defective merchandise, reinforcing that these practices are considered unfair. For more details on what do you need to prove to win a product liability case, see our guide. You can also find more on products liability in general in this analysis.
Who is Held Responsible? Identifying Plaintiffs and Defendants
A powerful aspect of defective product law is its broad net of responsibility. Anyone in the “chain of distribution” can potentially be held liable.
Potential defendants include the manufacturer, component part makers, assemblers, wholesalers, distributors, and the retailer where the product was sold. Each entity benefits from the sale and is better positioned than the consumer to prevent defects. When a paralyzed rider prompts Trek bike recall, multiple parties may be responsible. Likewise, with claims over medical devices like Essure, injury lawyers warn women about long-term complications and may file claims against several entities.
Who can file a claim? The law protects more than just the buyer. A user (family member, friend) or even a bystander injured by the product can file a claim.
Common Defenses and Potential Damages in a Defective Product Law Case
Defendants will use several defenses to avoid liability. Understanding them helps you prepare.
- Product Misuse or Alteration: Arguing that you used the product in an unforeseeable way or modified it, causing the injury. In Maine, this is only a defense if it was the actual cause of your injury.
- Comparative Negligence: This can reduce your damages if your own actions contributed to the harm. Its application is limited to Maine’s strict liability cases.
- Assumption of Risk: Claiming you knew about the danger but used the product anyway.
- Statute of Limitations: This is a critical deadline. In Maine, you generally have two years from the date of injury to file a product liability claim.
If your claim succeeds, you can recover compensatory damages to cover economic losses (medical bills, lost wages) and non-economic losses (pain and suffering). You may also receive punitive damages, which are intended to punish the defendant for reckless conduct and deter future wrongdoing.
Maine’s economic loss doctrine generally prevents you from suing in tort if only the product itself was damaged. In that case, your claim would fall under warranty law. However, if you bought tainted food, you may need a defective product lawyer to recover for resulting illnesses.
Taking Action: Your Next Steps in a Product Liability Case
If you’ve been injured by a defective product, taking the right steps now can build a strong case. Evidence is everything.
The Importance of Evidence and Expert Guidance
First, preserve the product exactly as it was at the time of the incident. Do not repair, alter, or discard it. This is your most critical piece of evidence. Next, document everything thoroughly. Seek immediate medical attention and keep all records, bills, and prescriptions. Take photos of your injuries. Also, keep any receipts, packaging, and instructions that came with the product.
Do not speak to the manufacturer’s or seller’s insurance adjusters without legal guidance. Their goal is to minimize their company’s payout, and anything you say can be used against you. If there were witnesses, get their contact information and write down your own account of the incident while it’s fresh.
Product liability cases often require expert witnesses—engineers, scientists, or medical professionals—to analyze the defect and link it to your injury. An experienced attorney is essential for navigating this complex process against well-funded corporate legal teams. Our article on 5 situations when you need a product liability lawyer can provide more guidance.
How a Defective Product Lawyer Can Help You
At Hardy Wolf & Downing, we have spent years helping Maine residents steer defective product law. We understand the disruption an unexpected injury causes.
When you work with us, we handle the entire investigation. We gather records, secure evidence, and hire top experts to analyze the product and pinpoint what went wrong. We identify everyone in the distribution chain who could be responsible, from the manufacturer to the retailer, to maximize your chances of a full recovery.
We manage all negotiations with insurance companies and defense attorneys, fighting for a settlement that covers all your damages: medical bills, lost wages, and pain and suffering. If a fair offer isn’t made, we are proven trial lawyers fully prepared for litigation in Maine courtrooms.
Our goal is to help you get justice and reclaim your life. We understand the physical, emotional, and financial stress a defective product can cause, and we provide compassionate, expert representation focused on your needs.
Time is critical. Maine’s statute of limitations gives you a limited window to file a claim. Don’t let the deadline pass.
If a defective product has injured you or a loved one, we are here to help. Contact a product liability attorney at Hardy Wolf & Downing today for a free consultation. Let us put our experience to work for you.