Washington DC Product Liability Lawyer

Serious injuries deserve experienced attorneys

Were you injured because of a defective product in Washington, DC?

At Cohen & Cohen, we provide recognized product liability representation for injured clients throughout Washington, DC.

If a defective product has injured you or someone in your family in Washington, you may be dealing with hospital bills, time away from work, and real questions about which company is responsible. Product cases often depend on design files and testing data that the manufacturer controls, so the claim needs attention early.

When you hire a Washington, DC product liability lawyer from Cohen & Cohen, you work with a firm that has represented injured clients for more than 30 years and handled over 10,000 cases. Contact us to schedule a free consultation about what happened.

Product Liability Lawyer Washington, DC

A product liability lawyer represents people who were hurt by something that should have been safe to use. That covers consumer goods, vehicles and their parts, medications, and medical devices. Most claims name the manufacturer, but distributors and retailers in the chain of sale can be named too.

According to CPSC estimates, deaths, injuries, and property damage tied to consumer products cost the nation more than $1 trillion every year. A product liability attorney in Washington, DC identifies the company responsible for the defect, gathers proof of how the product failed, and pursues compensation for the harm it caused.

Types of Product Liability Cases We Handle in Washington, DC

Defects can appear in almost anything a person buys, uses, or is prescribed. As product liability attorneys in Washington, DC, we handle claims in the categories below, and many involve more than one company.

• Malfunctioning devices. Electronics and powered equipment can overheat or short out during ordinary use. We examine whether the design, a manufacturing flaw, or a missing warning caused the failure.
• Unsafe toys. Small parts, loose magnets, and poorly secured battery compartments put young children at risk of choking and internal injuries. Recall history and the toy’s labeling are often central to these claims.
• E-cigarette injuries. Vape devices have caught fire in users’ hands and pockets and caused serious burns. Our firm also takes on claims tied to JUUL products.
• Smartphone injuries. A phone’s lithium-ion battery can swell or ignite while charging. We work to pin down whether the battery, the charger, or the device itself caused the fire.
• Dangerous drugs. Some medications reach pharmacy shelves with risks that were never properly disclosed to doctors or patients. We represent people harmed by unsafe prescription drugs and by recalled medications such as Zantac.
• Defective medical devices. An implant can erode, migrate, or break down inside the body, and the patient may need revision surgery as a result. Our attorneys pursue claims involving transvaginal mesh and hernia mesh complications.
• E-scooter and e-bike defects. Brake failures, cracked frames, and battery fires can cause a serious scooter accident. We inspect the device itself and request maintenance records from the rental company or owner.
• Household appliances. Pressure cookers, space heaters, and other home appliances can burn or cut a user when a component gives out. We also examine whether a safer design was available.
• Toxic tort claims. Harmful chemicals in consumer goods can lead to illness that shows up years after the exposure. We handle claims connected to talcum powder and other products linked to serious disease.
• Defective auto parts. Faulty airbags, failing brakes, and defective tires can cause a crash or make the resulting injuries much worse. We review recall data and the vehicle’s history to trace where the failure started.

Why Choose Cohen & Cohen as my Product Liability Lawyer in Washington, DC?

Decades of Trial Work in the District

Wayne R. Cohen has practiced law since 1991 and founded Cohen & Cohen in 1993. His practice includes product liability, medical malpractice, wrongful death, and class actions. Since 1993, he has taught Trial Skills at George Washington University’s law school, and he is a former president of the Trial Lawyers Association of Metropolitan Washington, D.C. He also holds an AV rating from Martindale-Hubbell and has been named to Super Lawyers. Clients who hire a personal injury lawyer in Washington, DC from our firm get the benefit of that history.

A View From the Defense Side

Kim Brooks-Rodney focuses her practice on product defects, medical malpractice, and other serious injuries. Before she came to Cohen & Cohen, she worked as a trial lawyer for State Farm and later served as Managing Attorney of Hartford Insurance Company’s staff counsel office in Alexandria, Virginia. That experience gives her direct insight into how insurers evaluate injury claims. She is a graduate of the University of Pennsylvania and Washington College of Law, and Washingtonian Magazine named her one of “Washington’s Top Lawyers” in 2009 and 2011.

Our attorneys have recovered more than $300 million for clients. Product liability claims are handled on a contingency fee basis, so you pay nothing upfront.

Understanding Product Liability Cases

Damages, Liability, and Compensation for Product Liability Cases

A product can be defective in its design, in how a specific unit was made, or in the instructions that came with it. Failure to warn claims fall into that third group. Claims in the District usually rely on one or more of these legal theories:

• Strict liability. A manufacturer or seller may be held responsible for a product that was unreasonably dangerous when it left the company’s control, even if no one can show carelessness.
• Negligence. This theory asks whether the company failed to use reasonable care in designing, building, testing, or labeling the product. In negligence claims, D.C. applies contributory negligence, which can bar recovery when the injured person’s own negligence contributed to the harm.

Compensation falls into a few categories. Economic damages cover medical bills, lost wages, and lost earning capacity. Non-economic damages cover pain, disfigurement, and other types of damages that don’t come with a receipt. The District does not cap compensatory damages in these cases. Punitive damages are reserved for conduct that goes well beyond ordinary carelessness. When a defective product causes a death, the family may pursue a wrongful death claim.

What Are Important Aspects of a Product Liability Case?

A D.C. product liability lawyer will focus on a few details from the start, ideally before anyone speaks with an insurer.

• Keep the product. Don’t repair, clean, or discard it, because testing depends on its current condition.
• Identify every company involved. The manufacturer, the maker of a component part, the importer, and the retailer may each carry some responsibility.
• Prove the defect. This usually requires testing and testimony from engineers or physicians who can explain why the product failed.
• Check recall status. A recall does not prove your claim, but it can support it.
• Watch the deadline. Filing periods in D.C. are strict, and missing them can end a claim entirely.

What Is the Product Liability Case Timeline?

Product cases generally take longer than a typical injury claim because of the testing and document review involved. Most cases our product liability lawyers in Washington, DC handle move through these stages:

1. Consultation and investigation. We review your injuries, secure the product, and identify potential defendants.
2. Testing and records collection. Engineers examine the product while we gather medical records and purchase information.
3. Filing the lawsuit. The complaint is filed in court and served on each company.
4. Discovery. Both sides exchange documents and take depositions, and this phase often uncovers the manufacturer’s internal testing records.
5. Resolution. Many cases settle through negotiation or mediation, while others proceed to trial.

What Should You Bring to Your Product Liability Consultation?

The more you bring, the more we can tell you at the first meeting. Helpful items include:

• The product itself, or clear photos of it if the item is too large to transport
• Receipts, packaging, manuals, and any warning labels
• Medical records and bills related to the injury
• Recall notices or letters from the manufacturer or its insurer

During the free consultation, we will discuss what happened, how our contingency fee works, and a realistic timeline for your case. Once you reach out, expect a response within 24 to 48 hours.

Reach Out to Cohen & Cohen to Schedule a Consultation

Contact us to schedule a free consultation with a product liability attorney in Washington, D.C. Cohen & Cohen charges no fees unless we recover compensation for you. We’ll review your injuries, the product involved, and the companies that may share responsibility. Our office is available 24/7.

Product Liability Statistics in Washington, DC

Most injury data on dangerous products is collected nationally, not city by city. The Consumer Product Safety Commission gathers emergency room reports through its NEISS injury database, which draws on a sample of hospitals across the country. According to the agency’s FY 2023 annual report, that system supplies information on almost 400,000 product-related cases each year.

• An estimated 231,700 toy-related injuries were treated in U.S. emergency departments in 2023, according to CPSC toy data. Children 14 and younger sustained 72 percent of those injuries.
• CPSC micromobility research estimates that e-bikes accounted for 59,200 emergency department visits in 2024.
• The same CPSC report attributes 311 of the micromobility-related deaths reported from 2017 through 2024 to e-bikes.
• A CPSC commissioner statement cited 227 lithium-ion battery incidents involving micromobility products from 2019 to 2023, which resulted in 39 deaths and 181 injuries.

These numbers apply in Washington because the products behind them, including children’s toys, rental scooters, and e-bikes, are part of daily life in the District. NEISS estimates are designed to represent injuries across the entire country, including the District, rather than any single city.

The agency also notes that death counts for recent years may change as reporting continues. For a Washington, DC product liability attorney, these reports can also be useful evidence, because they show when a hazard was known and how often it caused harm.

Types of Evidence Used in Product Liability Cases

Proving a defect takes more than showing that someone got hurt. You also have to show what you must prove under the legal theory you are using. The evidence below is what we typically rely on.

1. The product itself. Engineers can examine it for fractures, burn patterns, or manufacturing flaws, but only if it has been kept in its post-incident condition.
2. Packaging, instructions, and labels. These show what the company told consumers about safe use. Courts and juries consider whether a warning was adequate, and warning labels do not automatically shield a manufacturer from responsibility.
3. Purchase records. Receipts and order confirmations establish where and when the product was bought, which helps identify the retailer and distributor.
4. Medical records. Emergency room notes, surgical reports, and follow-up treatment connect the injury to the product failure. They also document the extent of the harm.
5. Photos and video. Pictures of the scene, the damaged product, and your injuries taken soon after the incident are hard to dispute later.
6. Recall and complaint data. Federal agencies track reported problems. Vehicle defects appear in NHTSA recall records, and drug or device complaints go through FDA MedWatch.
7. Internal company documents. Design files, testing results, and customer complaints usually come out during discovery. Sometimes they show that a company knew about a hazard before your injury occurred.
8. Testimony from engineers and physicians. Most product cases need a qualified professional to explain how the defect happened and why it caused your specific injuries.
9. Witness statements. People who saw the incident can describe how the product was being used when it failed. That matters when the manufacturer argues the product was misused.
10. Financial records. Pay stubs, tax returns, and bills support your claim for lost income and medical costs.

Products get thrown away and surveillance footage is recorded over, so a product liability lawyer in Washington, DC needs to begin collecting this evidence early.

Washington, DC Product Liability Lawyer FAQs

How much does it cost to hire a product liability lawyer in Washington, DC?

Cohen & Cohen handles product liability cases on a contingency fee basis. You pay nothing upfront, and there are no attorney fees unless we recover compensation for you. When a case resolves, our fee comes from a percentage of the recovery, and we explain that percentage in writing before you sign anything. The first consultation is free. You can ask questions about your injury and decide whether our firm is the right fit without any financial commitment.

How long do I have to file a product liability claim in D.C.?

Under D.C. Code § 12-301(8), most personal injury claims must be filed within three years of the date the claim accrues. Wrongful death claims follow a shorter rule and must be filed within two years of the person’s death. Questions about when the clock started running can arise, especially when an illness develops slowly. Our page on the D.C. statute of limitations covers these deadlines in more detail, and we can review the dates in your case during a consultation.

Who can be held responsible for a defective product?

Responsibility can extend to any company in the chain of distribution. That often includes the manufacturer of the finished product, the company that made a defective component, the importer or distributor, and the store that sold the item. A company that assembled or modified the product may also be named, and each party may carry its own insurance coverage. Our attorneys trace the product’s path from the factory to your home to find each company that may share liability.

What if someone else bought the product I used?

You may still have a claim even though you were not the buyer. Product cases frequently involve gifts, shared household items, borrowed tools, and rental equipment. What usually matters more is whether the product was defective and whether you were using it in a reasonably expected way when you were hurt. Each situation depends on its own facts, so we review how you came to use the product, who owned it, and how it was being used at the time of the injury.

Does a recall mean I automatically have a case?

No. A recall shows that a manufacturer or a federal agency identified a safety problem, and that can be strong supporting evidence. It does not prove that the recalled defect caused your particular injury. We still have to connect the defect to what happened to you and document your damages. Plenty of dangerous products are never recalled, and the absence of a recall does not prevent a D.C. product liability attorney from bringing a claim.

What if I was partly at fault for the injury?

The answer depends on the legal theory involved. In negligence claims, the District follows contributory negligence, a strict rule that can bar recovery if your own negligence contributed to the harm. Strict liability claims are analyzed differently. Manufacturers often argue that the injured person misused the product or ignored instructions, and those arguments need to be answered with evidence. We review how the product was being used and whether that use was reasonably foreseeable to the company that designed it.

Should I talk to the manufacturer’s insurance company?

It is best to speak with an attorney before giving any statement. The insurance adjuster handling a product claim works for the company, not for you, and early conversations are often used to gather information that limits what the company pays. Adjusters may ask for a recorded statement or request that you send them the product. Please do not ship the product to the manufacturer. Once we represent you, we handle communication with insurers and make sure the product is preserved for independent testing.

Can my claim be part of a mass tort or class action?

Sometimes. When the same drug, device, or consumer product injures many people, claims may be grouped into a mass tort or a class action. Wayne R. Cohen’s practice includes class actions, and we can evaluate whether your injury fits a group proceeding or should be pursued as an individual lawsuit. The right approach depends on the product, the number of people affected, the nature of the harm you suffered, and where related cases are pending.

How long does a product liability case take?

Every case moves at its own pace. A straightforward claim with clear liability may settle within months, while a case that requires extensive engineering analysis can take considerably longer. Discovery disputes over a manufacturer’s internal documents can also extend the schedule. Your medical recovery also affects timing, because it is difficult to value a claim before doctors understand your long-term prognosis. We give clients a realistic estimate at the start and update it as the case develops.

What compensation can I recover after a product injury?

Compensation depends on the extent of your losses. Economic damages include medical expenses, future treatment, lost wages, and reduced earning capacity. Non-economic damages address physical pain, scarring, loss of enjoyment of life, and emotional damages such as anxiety after a burn or disfiguring injury. D.C. does not cap compensatory damages in these cases. When a defective product causes a death, the family’s wrongful death claim can include the reasonable expenses of the final illness and burial.

Important Resources for Washington, DC Product Liability Cases

What Are Important District of Columbia Legal Resources for Product Liability Cases?

The resources below help injured people locate the District’s filing deadlines and damages rules. They are starting points for research, and a product liability lawyer in Washington, DC can explain how each one applies to your situation.

• D.C. Code § 12-301 sets a three-year deadline for most personal injury claims.
• D.C. Code § 16-2702 requires wrongful death actions to be filed within two years of the death.
• D.C. Code § 16-2701 describes the damages available in a wrongful death action.
• The Superior Court Civil Division hears civil actions seeking more than $10,000.
• The Civil Actions Branch at Moultrie Courthouse, 500 Indiana Avenue NW, accepts filings and can be reached at (202) 879-1133.

What Are Important Local Resources for Washington, DC Product Liability Cases?

Prompt medical care and a formal safety report both help protect your health and your claim after a product injury.

• MedStar Washington Hospital Center: (202) 877-7000. This Level I trauma center also operates a burn center.
• Children’s National Hospital: (202) 476-5000. It provides pediatric emergency and trauma care.
• National Capital Poison Center: (800) 222-1222. Call this number after exposure to a chemical, medication, or button battery.
• Office of Consumer Protection, D.C. Office of the Attorney General: (202) 442-9828. It accepts complaints about businesses in the District.
• SaferProducts.gov, U.S. Consumer Product Safety Commission: (800) 638-2772. Consumers can report unsafe products here.

Cohen & Cohen does not endorse and is not affiliated with any of the organizations listed above. This information is provided for reference only.

About Cohen & Cohen

Cohen & Cohen represents injured people from its office at 1730 Rhode Island Avenue NW, at the corner of Connecticut Avenue, and also serves clients in Maryland and Virginia. Wayne R. Cohen graduated cum laude from the University of Miami and was named to The National Trial Lawyers Top 100 Trial Lawyers list in 2008. Kim Brooks-Rodney was retained to represent families of victims killed in the June 2009 Metro crash in Washington, D.C., and Washingtonian Magazine named her one of “Washington’s Best Lawyers” in 2013 and 2015.

What Our Clients Say

⭐⭐⭐⭐⭐

“We’re so glad that we found Cohen & Cohen after my daughter’s injury in January 2023. Kim Brooks-Rodney did a wonderful job for us–she offered clear explanations at every step in the process, answered all of our questions, and settled our case in a way we are extremely happy with. We hope to never again need a personal injury lawyer, but if we do–Ms. Brooks-Rodney will be the lawyer we ask to represent us.” – Amy Holdcroft

Read more reviews on our Google Business Profile.

Additional Resources for Washington, DC Product Liability Cases

• Protecting Your Rights With a Product Defect Lawyer
• Who Can Get Injured by Defective Products?
• Top 10 List of Dangerous Toys
• Can You Get Compensation for an Accident Caused by a Faulty Bike?
• Medication Side Effects

Contact Cohen & Cohen

Contact us to speak with a Washington product liability attorney about your injury and the product involved. The consultation is free, and we don’t charge attorney fees unless we recover compensation for you. We will ask how the injury happened, what records you have, and whether you still have the product, and then explain the options available under District of Columbia law. Our office is available 24/7, and online inquiries receive a response within 24 to 48 hours.