What is Product Liability?
McPhillips Fitzgerald Cullum LLP • December 30, 2020

December 30, 2020

Product liability refers to the potential legal liability of a manufacturer, wholesaler or retailer that makes, markets or sells a defective product. A product liability case is handled by our experienced attorneys, who seek justice and maximum compensation on behalf of the injured.

Literally any kind of consumer good could ultimately become the subject of a product liability suit. In the past, claims have involved:

  • Tires
  • Airbags
  • Vehicles
  • Children’s toys
  • Medical devices
  • Pharmaceuticals
  • Appliances
  • Tools

Getting injured while using a certain product is not on its own enough to prove a product liability claim. These cases must show:

  • The product was available for purchase
  • The manufacturer had an obligation to meet the ordinary expectations of average consumers
  • The product has a design or manufacturing defect
  • That defect caused the product to be unreasonably dangerous
  • It is predictable and reasonable that a consumer could be injured because of the defect
  • The consumer in the case was injured
  • The injury is a direct result of the defect
  • The injury caused the victim to suffer damages

Liability may ultimately lie with any party along the chain of distribution: manufacturers, but also designers, distributors, wholesalers and retailers. A design defect means there is something defective about the way the product was created. Therefore, the defect will be present in any and all products created, not just in certain lots. A manufacturing defect arises after the product has been designed, while it is being made. It may arise when a product is being assembled at a factory. The design was sound, but a mistake or negligence causes a problem during manufacture.

As you can see, it takes an experienced legal mind to sort out the ultimate cause of, and liability for, your injury. Our attorneys will work tirelessly to determine who is accountable for the harm and damages you have suffered. We will not rest until we have obtained the best possible results.

The only way to know for sure if you have a case is to consult an experienced attorney. To arrange a consultation at McPhillips Fitzgerald & Cullum LLP, please contact us. Our law firm has offices in New York and in Florida.

< Older Post

 Newer Post >
Why Some Injury Claims Take Longer Than lawyer discussion with client gavel pen and law scale on the table

Why Some Injury Claims Take Longer Than Others to Resolve

By shreya kapoor • February 15, 2026
When an accident causes serious harm, many people expect injury claims to resolve quickly. Delays can be frustrating, especially as medical expenses and lost income continue to grow. In reality, the timeline for resolving injury claims varies widely depending on several important factors, and a longer process does not necessarily mean something has gone wrong. Established in 1911, […] The post Why Some Injury Claims Take Longer Than Others to Resolve appeared first on McPhillips, Fitzgerald & Cullum LLP.
A person wearing a neck brace and arm sling sits at a desk with paperwork and a pen.

What Happens When An Insurance Company Denies Your Injury Claim

By content.team • January 15, 2026
A letter denying an injury claim can be frightening, especially as medical bills mount and missed paychecks add up. For people in Glens Falls and Chestertown, New York, and Miami Shores, Florida, a denied insurance claim after a product-related accident often raises urgent questions about what to do next.  McPhillips, Fitzgerald & Cullum LLP has represented clients in the […] The post What Happens When An Insurance Company Denies Your Injury Claim appeared first on McPhillips, Fitzgerald & Cullum LLP.
A person holding their head in pain after stepping out of a blue car with a deployed airbag and smoke in the background.

Third-Party Liability: When Someone Other Than The Driver Is To Blame

By content.team • December 15, 2025
After a motor vehicle accident, many people assume that only the drivers involved can be held responsible. In reality, a careless company, property owner, or government entity may also contribute to the crash. McPhillips, Fitzgerald & Cullum LLP, established in 1911, is the longest-serving law firm in the Greater Glens Falls region and holds Martindale-Hubbell’s highest AV rating for […] The post Third-Party Liability: When Someone Other Than The Driver Is To Blame appeared first on McPhillips, Fitzgerald & Cullum LLP.
Show More →