Defective Product Claims: Your Rights After an Injury

When a product design or manufacturing defect causes someone harm, or there are inadequate warnings provided, injured parties may have legal grounds for pursuing compensation.

Defective product claims can involve vehicles, airbags, industrial machinery, power tools, medical devices, or consumer products.

An experienced injury lawyer can help you manage your claim so you ultimately receive the full and fair compensation you are owed.

Common Types of Defective Product Claims

Defective product claims sometimes make the news or prompt the U.S. Consumer Product Safety Commission to issue a press release. One such release was made in January 2025 when the Consumer Product Safety Commission announced that Fitbit LLC agreed to pay a $12.25 million civil penalty due to safety concerns over its Ionic smartwatches.

In July 2026, more than 500,000 Kobalt-branded power tools were recalled over concerns about their batteries catching fire. Such recalls can lead to civil liabilities, especially if one or more consumers were injured by those defective products. Whether you live in downtown Bozeman, Bridger Canyon, Four Corners, Baxter Meadows, or elsewhere in Montana, a defective product can cause serious injuries and significant financial losses. These claims may involve: 

• Dangerous consumer products
• Defective medical devices
• Unsafe automotive parts
• Dangerous industrial equipment
• Harmful children’s products

Depending on the facts of the case and outcomes of an investigation, the liable parties could include manufacturers, distributors, retailers, or someone involved in the supply chain. The burden of proof in these matters falls on the plaintiff, who must present evidence showing that a defective design, manufacturing error, or inadequate warning contributed to the injury.

What Are My Rights After a Personal Injury?

If you suffered an injury because of a defective product, you have important legal rights. You could be eligible to seek compensation from the manufacturer, distributor, retailer, or another responsible party. Recoverable damages may include lost wages, diminished earning capacity, medical expenses, rehabilitation costs, pain and suffering, emotional distress, and, in some cases, long-term disability pay.

Throughout that process, you have the right to have legal representation from an attorney who can manage your claim and negotiate a settlement on your behalf. You also have the right to investigate how the product failed and whether a design defect, manufacturing defect, or inadequate warning contributed to your injuries. The courts system can play a role in protecting that right by issuing subpoenas that allow you to access critical evidence.

Compensation You May Be Owed

An estimated 38,826,000 people sought medical attention for an injury related to a consumer product, with falls, fires, and suffocations being leading causes of harm in these incidents. When you file an injury claim, you can be compensated for the losses you suffered following your personal injury.

These can include economic losses from lost wages, medical bills, upcoming treatment costs, and other forms of financial harm. Non-economic damages can account for the intangible harm you endured through pain and suffering. If a claim goes to trial, that could lead to punitive damages being awarded by the court.

Why You Should Hire a Product Liability Lawyer

A shocking 258.98 million product units were recalled in the United States during the third quarter of 2025, marking a reminder of how common such recalls in this country can be. If you were injured by a defective product, your top priority should be to hire a product liability lawyer who understands how to manage product liability cases.

The burden of proof for these cases falls on plaintiffs, and a product liability attorney can pursue compensation based on their knowledge of product liability laws and how to build claims that lead to fair compensation. Bliven Law Firm, P.C. brings more than three decades of experience to these cases and a proven track record of securing favorable outcomes for our clients.

FAQs

How Do You Ask for Compensation for a Defective Product?

You generally do not directly ask for compensation for a defective product. Those companies have their own legal teams that are prepared to contest your request. The formal process of pursuing compensation relies on first securing legal representation.

An attorney can review the case, establish your eligibility to pursue compensation, and pursue a settlement on your behalf. These cases often involve courtroom litigation and can result in considerable financial relief for injured plaintiffs.

What Are the Four Elements of Negligence?

The four elements of negligence are duty of care, breach of duty, causation, and damages. First, the injured party must show that the defendant owed them a legal duty of care. Next, they must prove that the defendant breached that duty through careless or reckless conduct. They must then establish that the breach directly caused the injury and led to damages, like medical expenses, lost wages, pain and suffering, or other losses.

What Qualifies as a Defective Product?

A defective product is generally any product that is dangerous because of a design defect, manufacturing defect, or inadequate warning or instructions. The person pursuing compensation must show that the device is inherently unsafe. This could be due to a defect from the manufacturing or distribution process. In other cases, inadequate warnings may be to blame for the personal injury.

How Do You Prove a Product Liability Claim?

To prove a product liability claim, you must generally show that the device is defective when used as intended. A plaintiff must also connect the defect to their injury. These cases rely on evidence, often from medical records, recall notices, witness statements, and the account of the injured party. Depending on the outcome of a case, the at-party could face financial liability for the harm you suffered.

Injured By a Defective Product? Contact Bliven Law Firm, P.C. Today

A defective product can leave you facing painful injuries, mounting medical bills, and uncertainty about the future. If you were harmed by a dangerous consumer product, medical device, vehicle component, or another defective item, Bliven Law Firm, P.C. is prepared to help.

For more than 30 years, our firm has represented injured Montanans and fought to hold negligent manufacturers, distributors, and other responsible parties accountable. We can investigate your claim, preserve critical evidence, and pursue the compensation you deserve. Contact Bliven Law Firm, P.C. today to schedule your consultation and learn how we can protect your rights after a serious product-related

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