Washington DC Product Liability Lawyer

Serious injuries deserve experienced attorneys

Product liability lawyers who pursue full recovery for injured consumers and their families.

If a product you purchased and used as intended caused you serious harm, the manufacturer that designed, built, or sold that product may be liable for your injuries. Defective products reach consumers every day, from medical devices that fail inside the body to household items that overheat and ignite, and the injuries they produce are often severe.

Cohen & Cohen has represented injured clients across the District for more than 25 years. Our Washington, D.C. product liability lawyer holds manufacturers, distributors, and retailers accountable on a contingency fee basis. Contact our office to discuss your case.

Product Liability Lawyer Washington, D.C.

A product liability lawyer represents consumers who have been injured by products that were defective when they left the manufacturer’s control. These claims work differently than a standard negligence case. Under District of Columbia law, a party that places a defective product into the stream of commerce can be held strictly liable for the injuries that the product causes. The manufacturer does not need to have been careless in the traditional sense.

You do not have to prove exactly how the defect occurred or identify who within the company made the mistake. What you need to establish is that the product was defective, that you used it as intended or in a way the manufacturer should have anticipated, and that the defect caused your injury. A product liability attorney in Washington, DC builds that connection through engineering analysis, medical evidence, and testimony from industry professionals.

Types of Product Liability Cases We Handle in Washington, D.C.

Product defects take many forms, and the injuries they cause range from minor burns to permanent disability and death. Cohen & Cohen handles product liability cases across the District involving consumer, industrial, and medical products. The firm pursues claims against manufacturers, designers, distributors, and sellers at every stage of the supply chain.

• Product defects. From power tools that lack proper safety guards to kitchen appliances with dangerous electrical faults, defective products injure people in homes and workplaces every day. These cases may involve design flaws, manufacturing errors, or missing safety features.
• Malfunctioning devices. Hip implants, surgical mesh, pacemakers, and other implanted or external devices can fail inside the body or during use. When they do, the consequences for the patient are often serious and sometimes permanent.
• Unsafe toy accidents. Products marketed to children carry a heightened obligation to be safe. Small parts, toxic materials, and choking hazards continue to reach store shelves despite federal safety standards enforced by the Consumer Product Safety Commission.
• E-cigarettes. Defective lithium-ion batteries in e-cigarettes have caused explosions and severe burns to users’ hands, faces, and legs. These cases frequently involve both the device manufacturer and the battery supplier.
• Pharmaceutical malpractice. Medications that cause undisclosed side effects or that reach the market without adequate testing can produce lasting harm. Failure to warn claims are particularly common in pharmaceutical product liability litigation.
• Faulty products. Space heaters, pressure cookers, electrical wiring, and furniture prone to tipping over have all been the subject of product liability lawsuits. These items are part of daily life, and they often fail without any prior indication of a problem.
• Defective vehicle components. Faulty brakes, defective airbags, tire blowouts, and flawed ignition systems can cause or substantially worsen a collision. These claims target the parts manufacturer directly and may overlap with a motor vehicle accident case depending on the circumstances.

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

Attorneys Who Handle Product Defect Cases

Kim Brooks-Rodney is a partner at Cohen & Cohen whose practice is focused on product defects, medical malpractice, and automobile negligence. She has been recognized as one of “Washington’s Best Lawyers” by Washingtonian Magazine and carries an AV Preeminent rating from Martindale-Hubbell. Kim earned her J.D. from American University’s Washington College of Law in 1985 and is admitted to practice in D.C., Maryland, and Virginia. She represented families of victims killed in the 2009 Metro crash and has recovered millions of dollars for injured clients through jury verdicts and settlements.

Firm founder Wayne R. Cohen has practiced law since 1991 and has been named to Super Lawyers each year since 2009. He is a member of the National Trial Lawyers Top 100 and teaches trial advocacy at GW Law School, where he has been on faculty since 1993. Wayne has appeared as a legal commentator on ABC News, NBC, FOX, and in The Washington Post.

A Record of Results

The firm has recovered more than $300 million for clients over its history. Cohen & Cohen takes product liability cases as a personal injury lawyer in Washington, D.C. on a contingency basis, so there are no fees unless we recover compensation. Every product liability case is prepared with the expectation that it may need to go to trial. Manufacturers and their insurers are far less inclined to offer fair settlements when they believe the other side will not litigate.

What Is Important to Understand About a Product Liability Case?

Damages, Liability, and Compensation for Product Liability Cases

Product liability claims in Washington, D.C. rest on one of three legal theories. A design defect means the product was inherently dangerous even when manufactured exactly as planned. A manufacturing defect means something went wrong during production that made a specific unit unsafe. A failure to warn means the product reached the consumer without adequate instructions or safety warnings about a known risk.

Strict liability applies to these claims in the District. The injured party does not need to prove that the manufacturer acted carelessly. The focus is on whether the product itself was defective and whether that defect caused the injury. Washington, DC also recognizes contributory negligence, which means a manufacturer may argue that the consumer misused the product or ignored warnings. If that argument gains traction, it can eliminate the claim entirely.

Compensation in a product liability case may include:

• Medical expenses, past and projected, for treatment related to the defective product
• Lost income and diminished earning capacity
• Pain and suffering
• Disfigurement or permanent physical impairment
• Emotional distress
• In cases involving a death, surviving family members may have a wrongful death claim

What Are Important Aspects of a Product Liability Case?

The single most important piece of evidence in a product liability case is often the product itself. Preserving the defective item in its post-incident condition, along with any packaging, receipts, or instructions, gives an attorney and any retained engineers the best chance of identifying the specific defect.

Other factors that influence the strength of a claim include:

• Whether the product was used as intended or in a way the manufacturer should have foreseen
• The existence of recall notices, prior consumer complaints, or regulatory actions involving the same product
• Whether the defect was present when the product left the manufacturer or arose from later modification
• How thoroughly the injury has been documented in medical records
• The availability of qualified professionals who can testify about the nature and cause of the defect

Federal agencies like the Consumer Product Safety Commission and the Food and Drug Administration maintain public databases of recalled products and safety alerts. Those records can provide valuable context for a product liability claim.

What Is the Product Liability Case Timeline?

Product liability cases tend to move more slowly than other personal injury matters. They require specialized evidence, and manufacturers typically have considerable legal resources at their disposal.

The general progression follows this path:

• Medical treatment and stabilization of the injured person
• Preservation and professional inspection of the defective product
• Investigation, including engineering analysis and review of the manufacturer’s records
• Filing the lawsuit before the statute of limitations expires
• Discovery, which may include depositions of company employees, production of internal documents, and retention of technical professionals
• Settlement negotiations or, if necessary, trial

Under the statute of limitations in Washington, DC, most personal injury claims must be filed within three years from the date of injury. That deadline applies to product liability claims as well. Do not assume that the clock starts on the date of purchase.

What Should You Bring to Your Product Liability Consultation?

If you believe a defective product caused your injury, preserving the product and its packaging is the most valuable step you can take before meeting with an attorney. Beyond that, bring whatever documentation you have available:

• The defective product itself, along with any instructions, receipts, or warranty materials
• Medical records and photographs documenting the injury
• Any recall notices or communications from the manufacturer
• Insurance information and records of out-of-pocket expenses
• A written account of how the incident occurred and what injuries followed

The consultation gives you an opportunity to have the facts reviewed by an attorney who can assess whether the elements of a product liability case are present.

What Are Important Washington, D.C. Legal Resources for Product Liability Cases?

The following resources can help you understand the legal and regulatory framework that applies to product liability claims in the District of Columbia.

• The CPSC recalls database allows consumers to search for recalled products by category, company, or hazard type.
• The FDA device recall page lists medical device safety actions and early alerts issued by the agency.
• The DC Superior Court Civil Division handles personal injury and product liability filings in the District.

Reach Out to Cohen & Cohen to Schedule a Consultation

If a defective product caused your injury or harmed someone in your family, Cohen & Cohen can evaluate the facts and advise you on your legal options. We handle product liability claims across Washington, DC on a contingency basis, meaning no fees unless we recover compensation on your behalf. Contact us to schedule a consultation with a product liability attorney and discuss what steps make sense for your situation.