Product Liability Calculator
Estimate potential compensation for injuries caused by defective products including manufacturing defects, design flaws, and failure to warn claims.
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About This Calculator
When a defective product causes injury, the manufacturer, distributor, and retailer can be held liable for damages. Product liability law protects consumers by requiring that products be reasonably safe for their intended use. From dangerous medications to exploding devices to malfunctioning car parts, defective products injure thousands of Americans each year.
Types of Product Defects:
- Design Defects: The product's design is inherently dangerous
- Manufacturing Defects: Something went wrong during production
- Marketing Defects (Failure to Warn): Inadequate warnings or instructions
Product Categories with High Claim Values:
- Pharmaceuticals and medical devices
- Automotive parts and vehicles
- Children's products
- Industrial equipment
- Consumer electronics
Why Product Liability Differs from Other Injuries:
- Strict liability in most states (no need to prove negligence)
- Multiple defendants potentially liable
- Punitive damages more common
- Class actions and mass torts possible
- Product recalls strengthen cases
Key Advantages for Consumers:
- Deep-pocket defendants (manufacturers)
- Strict liability doctrine
- Clear evidence (the product itself)
- History of similar incidents may exist
This calculator estimates potential compensation for product liability claims. For general injury cases, see our Lawsuit Settlement Calculator. For workplace product injuries, visit our Workers' Comp Calculator.
How to Use the Product Liability Calculator
- 1Select the type of product defect (design, manufacturing, or warning).
- 2Choose the product category that best matches your case.
- 3Select the severity of your injury.
- 4Input your medical expenses to date and future expected costs.
- 5Enter lost wages and projected future lost income.
- 6Indicate whether the product has been recalled.
- 7Note whether you're part of a class action lawsuit.
- 8Select the size of the manufacturer (affects potential recovery).
- 9Review the estimated settlement including potential punitive damages.
Types of Product Defects
Product liability claims fall into three main categories.
Design Defects
A design defect exists when the product's design itself is dangerous.
Characteristics:
- All products of that design have the same flaw
- A safer alternative design was feasible
- The defect existed before manufacture
Examples:
| Product | Design Defect |
|---|---|
| Ford Pinto | Fuel tank placement causing fires |
| Certain firearms | Discharge when dropped |
| Medical devices | Flawed mechanism causing failure |
| Cribs | Slat spacing allowing entrapment |
Manufacturing Defects
A manufacturing defect occurs when something goes wrong during production.
Characteristics:
- Only some products affected (not all)
- Product differs from intended design
- Quality control failure
Examples:
| Product | Manufacturing Defect |
|---|---|
| Food | Contamination |
| Tires | Improper curing |
| Medications | Wrong dosage/contamination |
| Airbags | Defective inflators |
Marketing Defects (Failure to Warn)
Failure to warn claims involve inadequate instructions or warnings.
Characteristics:
- Product works as designed
- Dangers not adequately communicated
- Instructions insufficient for safe use
Examples:
| Product | Failure to Warn |
|---|---|
| Medications | Side effects not disclosed |
| Power tools | Safety hazards not warned |
| Chemicals | Handling dangers not explained |
| Medical devices | Risks understated |
Strict Liability vs. Negligence
Product liability often uses strict liability, making it easier to recover.
Strict Liability
Definition: Liability without proof of fault or negligence.
Requirements:
- Product was defective
- Defect existed when it left defendant's control
- Defect caused your injury
- You used the product as intended (or foreseeably misused)
Key Advantage: Don't need to prove the manufacturer was negligent.
Negligence Claims
Still available and may add to recovery:
- Manufacturer failed to use reasonable care
- Knew or should have known of defect
- Failed to adequately test product
When Negligence Helps:
- May support punitive damages
- Applies in states without strict liability
- Adds strength to overall case
Who Can Be Sued?
| Defendant | Theory |
|---|---|
| Manufacturer | Strict liability, negligence |
| Component maker | Strict liability for component |
| Distributor | Strict liability (some states) |
| Retailer | Strict liability (some states) |
| Designer | Negligence |
Defenses to Product Liability
Common Defenses:
| Defense | Explanation |
|---|---|
| Product misuse | Used in unforeseeable way |
| Alteration | Product modified after sale |
| Assumption of risk | Knew risk and proceeded |
| Statute of limitations | Claim filed too late |
| State of the art | Safest design available at time |
Damages in Product Liability Cases
Product liability cases often result in substantial damages.
Compensatory Damages
Economic Damages:
- Medical expenses (past and future)
- Lost wages
- Future lost earning capacity
- Property damage
- Funeral expenses (wrongful death)
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Disfigurement
Punitive Damages
Awarded When:
- Manufacturer knew of defect
- Continued selling despite knowledge
- Covered up safety issues
- Prioritized profits over safety
Examples of Punitive Awards:
| Case | Punitive Damages |
|---|---|
| GM ignition switch | $1.5 billion total |
| Roundup (Bayer) | $2 billion (single case) |
| Johnson & Johnson talc | $4.7 billion |
| Ford Pinto | $125 million (1970s) |
Typical Settlement Ranges
| Injury Severity | Range |
|---|---|
| Minor | $25,000 - $100,000 |
| Moderate | $100,000 - $500,000 |
| Severe | $500,000 - $2,000,000 |
| Catastrophic/Death | $2,000,000 - $10,000,000+ |
Note: Mass tort cases may have different dynamics than individual cases.
Product Recalls and Your Case
A product recall can significantly strengthen your case.
How Recalls Help Your Case
Establishes Defect:
- Manufacturer admits problem exists
- Regulatory agency confirms danger
- Removes argument that product was safe
Documents Manufacturer Knowledge:
- Recall often follows internal knowledge
- Discovery may reveal when they knew
- Delay in recall strengthens punitive claim
Types of Recalls
| Type | Initiator | Example |
|---|---|---|
| Voluntary | Manufacturer | Most recalls |
| Mandatory | CPSC/FDA/NHTSA | After investigation |
| Class I (FDA) | FDA | Dangerous to health |
| Class II (FDA) | FDA | May cause harm |
| Safety Recall (NHTSA) | NHTSA | Vehicle defects |
Finding Recall Information
- CPSC: Consumer Product Safety Commission (cpsc.gov)
- FDA: Food and Drug Administration (fda.gov)
- NHTSA: National Highway Traffic Safety Administration (nhtsa.gov)
- Recalls.gov: Aggregated recall information
Timing of Recall vs. Injury
| Timing | Impact on Case |
|---|---|
| Recall before injury | Strong evidence of knowledge |
| Recall after injury | Shows defect existed |
| No recall despite complaints | May show negligence |
| Your injury prompted recall | You may help others |
Using Recall in Litigation
- Recall documents are evidence
- May obtain internal company documents
- Recall scope shows extent of problem
- Manufacturer cannot deny defect existed
Class Actions and Mass Torts
Many product liability cases are handled as class actions or mass torts.
Class Actions
Definition: Single lawsuit representing many people with similar claims.
Characteristics:
- One case, many plaintiffs
- Court certifies the class
- Settlement applies to all members
- Individual damages may be lower
Advantages:
- Efficient for small-dollar claims
- Power in numbers
- Shared litigation costs
Disadvantages:
- Less individual control
- Lower individual recovery
- May not fit unique circumstances
Mass Torts
Definition: Many individual lawsuits coordinated together.
Characteristics:
- Each plaintiff has own case
- Consolidated for efficiency (MDL)
- Bellwether trials test case values
- Individual settlements or trials
Advantages:
- More individual control
- Potentially higher recovery
- Tailored to specific injuries
Examples of Mass Torts:
| Product | Claims |
|---|---|
| Roundup | 100,000+ |
| Talcum powder | 40,000+ |
| Opioids | Thousands |
| 3M Earplugs | 300,000+ |
Opting Out of Class Action
When to Consider:
- Severe injuries (higher value than average)
- Unique circumstances
- Want more control
- Time and resources available
Deadline Critical: Must opt out by court-specified date or be bound by settlement.
Preserving Evidence in Product Cases
The defective product is your most important evidence.
Critical Evidence
| Evidence | Why Important |
|---|---|
| The product | Physical evidence of defect |
| Packaging | Warnings and instructions |
| Receipt/invoice | Proves purchase and date |
| Photos/videos | Document condition |
| Injury photos | Show harm caused |
| Medical records | Prove injuries |
Preserving the Product
Do:
- Keep product exactly as it is after injury
- Store in safe location
- Take photographs from multiple angles
- Keep all packaging and materials
- Note model numbers and serial numbers
Don't:
- Try to fix or repair it
- Throw it away
- Let manufacturer take it without documentation
- Allow others to handle it unnecessarily
- Return it without attorney guidance
Spoliation of Evidence
What It Is: Destruction or alteration of evidence.
Consequences:
- Adverse inference at trial
- Sanctions against spoliator
- Case may be dismissed (extreme cases)
If Manufacturer Requests Product:
- Consult attorney first
- Never surrender without documentation
- Consider inspection protocol
- Keep copies of all correspondence
Expert Inspection
Product liability cases typically require expert analysis:
- Engineering experts examine the product
- Protocol for testing established
- Both sides may inspect
- Reports become key evidence
Pro Tips
- 💡Preserve the defective product exactly as it was after the injury.
- 💡Take photographs of the product from multiple angles immediately.
- 💡Keep all packaging, manuals, receipts, and related documents.
- 💡Document your injuries with photographs throughout recovery.
- 💡Check cpsc.gov, fda.gov, and nhtsa.gov for recalls.
- 💡Don't repair, modify, or dispose of the product.
- 💡Write down exactly how the injury occurred while memory is fresh.
- 💡Get medical treatment promptly and keep all records.
- 💡Don't give the product to the manufacturer without attorney guidance.
- 💡Research whether others have been injured by the same product.
- 💡Consult an attorney before the class action opt-out deadline.
- 💡Don't post about the incident on social media.
Frequently Asked Questions
In most states, no. Product liability uses strict liability - you only need to prove the product was defective, the defect existed when it left the manufacturer, and the defect caused your injury. You don't need to prove negligence. However, proving negligence can support punitive damages.
