Product liability negligence claims

FREE Case evaluation

Serious injuries deserve experienced attorneys

Product Liability ClaimsProduct Liability Negligence Claims, Product Liability Strict Liability Claims, and Product Liability Consumer Protection Claims

Product Liability Negligence Claims

Product liability negligence claims are one of the more commonly used theories to argue product liability cases in the United States. Manufacturer negligence is often at the crux of a plaintiff’s product liability claim.

Most claims commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. A plaintiff can use more than one kind of claim to try to win their product liability case. Most product liability laws are established and disputed at the state level. Many state laws vary widely compared to other state laws.

When it comes to manufacturing a product, there are usually more than a few different parties involved in this before a product is made available for consumers to use. Something that can make it tricky to prove manufacturer negligence in a product liability claim is because there have been several entities involved in making the final product that injured a consumer. There are designers, manufacturers, assemblers, distributors, and in some cases, the sellers of the products, who may be found responsible, or partially responsible for making a faulty or malfunctioning product available to the public.

Some form of manufacturer negligence is the most common legal theory of product liability. When a plaintiff (and their lawyer) claims that any of the parties involved in the manufacturing or distribution of a product did not fulfill their legal duty to protect consumers, it can be argued that any party involved in this was negligent in their duty. It must be shown that the defendant, or defendants, failed to use ordinary reasonable care in designing, producing, manufacturing, distributing, or in some cases, selling the product. It must also be proved that the guilty party’s failure to do this resulted in the plaintiff’s injury.

When it comes to product liability negligence claims, the experienced legal team at Cohen & Cohen are available to discuss these and to give a free case evaluation any time of the day or night, 365 days a year.

Product Liability Strict Liability Claims

Product liability strict liability claims do not use manufacturer negligence as the cause of a victim’s injuries. These claims tend to focus on the product, usually the malfunction of the product itself.

If a manufacturer was not negligent in making a defective product, the manufacturer may be found guilty of strict liability. Strict liability cases can be easier to prove than negligence because the plaintiff (and their lawyer) do not need to get into the minds of a manufacturer to try to show negligence. Alleging strict liability can show obvious results of defective design, manufacturing, or in the marketing of a product. Under strict liability, the manufacturer is liable if the product is defective, even if the manufacturer is not found negligent in making that product defective.

Strict liability claims do not require a plaintiff to prove that a defendant’s conduct fell below the relevant standard of care. This can give greater protection to a victim of a product liability injury. In the 1940s and 1950s, many U.S. courts decided that it was too much to require seriously injured consumer plaintiffs to prove negligence claims against designers, manufacturers, and distributors or retailers. Part of this came about because the burden of proof could be too much for a plaintiff to prove if an entire industry settled on a somewhat careless standard of conduct. If this were the case, even if a plaintiff was severely injured and it was proven that the defendant(s) caused his or her injuries, the defendant would not be considered guilty of negligence from a legal standpoint. In product liability, claims of negligence often take expert witnesses to prove a defendant’s guilt. If everyone in a particular industry or trade were to say that a defendant’s conduct conformed to the trade or industry’s standard of care, it would be very difficult to prove their negligence.

If you have been injured and may need help with one of the many product liability strict liability claims out there, the dedicated legal team at Cohen & Cohen is available to give you a free case evaluation, today.

Product Liability Consumer Protection Claims

While most product liability consumer protection claims are governed and disputed at the state level, the United States has a variety of both federal and state laws that regulate consumer affairs. These federal laws include but are not limited to the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, Truth in Lending Act, Fair Credit Billing Act, and the Federal Food, Drug, and Cosmetic Act. Federal consumer protection laws are typically enforced by the Federal Trade Commission, the Consumer Financial Protection Bureau, the Food and Drug Administration, and the U.S. Department of Justice.

Many states have adopted the Uniform Deceptive Trade Practices Act (also referred to as the Uniform Act). The Uniform Deceptive Trade Practices Act prohibits deceptive trade acts as either unfair or fraudulent business practices, and untrue or misleading advertising. Under the Uniform Act, a plaintiff may be entitled to attorney fees when the defendant, “willfully engaged in the trade practice knowing it to be deceptive.”

As well, the majority of states have a Department of Consumer Affairs that is devoted to regulating certain industries and to protecting consumers who use goods and services from those industries.

Injuries can be difficult to deal with no matter what caused the injury. The grief that is caused by the untimely loss of a loved one can be overwhelming. When one of these was caused by a product, good or service that was purchased in the United States, a victim and their family may be entitled to compensation if is the fault of the designer, manufacturer, assembler, distributor or the party who sold the product, good or service. With all the federal and state laws in place to protect consumers, many of us assume we are protected until we are faced with the harsh reality of an injury or death.

If you think you may need to file one of the many product liability consumer protection claims that get disputed in the United States each year, contact Cohen & Cohen to discuss your situation and to get a free case evaluation.

Locations Served:

Product liability law firm Washington DC
Product Liability Law Firm Virginia
Product Liability Law Firm Maryland

Personal Injury Attorneys In:

Washington DC | Maryland | Virginia

workers compensation attorneys in dc
[divi_library_shortcode id="987499082"]

Featured on:

Injury Attorneys DC, MD, VA – Get the Compensation You Deserve! Whether you have been injured in a car accident, a malpractice victim, injured on the job, as the result of shoddy craftsmanship, or in a slip and fall, we can help! Our experienced, competent attorneys excel in all areas of personal injury law.


Catastrophic Injuries DC, MD, VA

Automobile Accidents DC, MD, VA

Workers’ Compensation DC, MD, VA

Slip and Fall DC, MD, VA

Medical Malpractice DC, MD, VA

Wrongful Death DC, MD, VA

Truck Accidents DC, MD, VA

Motorcycle Accidents DC, MD, VA

Metro Train Accident DC, MD, VA


Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529


Client Review

"My experience with Cohen & Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back."
L Proctor
Client Review

"I am very pleased with the outcome of my case. I received more than the amount that I originally thought and am very satisfied with how my case turned out. Jill, the attorney working on my case did an excellent job advocating for me to the insurance company and getting me a good settlement. A special shout out to Bryan Moran, who always kept me posted on the updates of my case and was always super responsive to my questions. They are a really thoughtful team, I would definitely recommend to my friends and family."
Carolina Bazan
Client Review

Hear from our clients

If you have been injured, contact Cohen & Cohen for a free case evaluation today. Our staff is available 24/7 to assist you.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
willie howell
May 25, 2022.
Jose Rivera
May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
Cameron Galloway (HustleDaGod)
May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.

Best Personal Injury Lawyer in DC


Cohen & Cohen Has Been Featured On


Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

7 + 7 =

Read more: