Rhode Island Product Liability Lawyers Holding Companies Liable for the Injuries Caused By Their Products

When a defective or dangerously designed product causes an injury, the manufacturer, distributor, or seller can be held financially responsible. Kirshenbaum & Kirshenbaum has represented product liability victims across Providence, Warwick, Cranston, and Newport for more than 90 years.

What Is Product Liability?

Product liability holds manufacturers, distributors, and retailers responsible for injuries caused by dangerous or defective products. Unlike a typical negligence claim, many product liability cases can proceed under a theory of strict liability, meaning you may not need to prove the manufacturer was careless, only that the product was defective and that the defect caused your injury.

What Are the Different Types of Product Defects?

• Design defects, where the product's design itself is inherently dangerous, even when manufactured correctly
• Manufacturing defects, where an error during production makes an individual unit dangerous even though the design itself was safe
• Marketing and warning defects, where a product lacks adequate instructions or fails to warn users of a known danger

These categories often overlap in a single case, and identifying which type of defect applies can shape the entire legal strategy, including which parties in the supply chain may be liable.

Who Can Be Held Liable for a Defective Product?

Depending on the type of defect, liability can extend to the manufacturer of the finished product, the manufacturer of a defective component part, a distributor, or the retailer that sold the product. Multiple parties in the supply chain can sometimes share responsibility, particularly in cases involving a design defect that was present before the product ever reached a retail shelf.

What Types of Products Commonly Lead to These Claims?

Product liability claims can arise from nearly any consumer or industrial product, including motor vehicles and vehicle parts, household appliances, power tools, children's products and toys, medical devices, and pharmaceuticals. Some of the most serious cases involve products recalled after widespread reports of injury, though a formal recall isn't required to bring a claim.

What Should I Do If I'm Injured by a Defective Product?

1. Preserve the product exactly as it was at the time of the injury, including any packaging or instructions. Do not attempt to repair or discard it.
2. Seek medical treatment and keep records connecting your injury to the product.
3. Document how the product was being used at the time of the injury.
4. Check for recall notices, though the absence of a recall does not mean you don't have a claim.
5. Contact a Rhode Island product liability lawyer before returning, discarding, or repairing the product.

What Compensation Can I Recover in a Product Liability Case?

Compensation typically includes medical expenses, lost wages, and pain and suffering. In cases involving particularly reckless conduct, such as a manufacturer knowingly selling a dangerous product without adequate warning, punitive damages may also be available.

What Is Rhode Island's Statute of Limitations for Product Liability Claims?

Under Rhode Island General Laws § 9-1-14, you generally have three years from the date of the injury to file a personal injury lawsuit. Because product liability cases often require preserving the product itself and identifying the correct parties in a manufacturing or distribution chain, early legal involvement can make a meaningful difference in how strong your case is.

Why Choose Kirshenbaum & Kirshenbaum for Your Product Liability Case

Product liability cases often involve large manufacturers with substantial legal resources, and building a strong case requires identifying the right defendants and preserving physical evidence before it's lost. We investigate these cases thoroughly and work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Learn more about our broader personal injury practice in Rhode Island.

Frequently Asked Questions

Do I need to prove the manufacturer was negligent?

Not necessarily. Many product liability claims proceed under strict liability, meaning you generally need to show the product was defective and caused your injury, without needing to prove the manufacturer was careless in how it was made.

What if the product has already been recalled?

A recall can support a product liability claim, but it isn't required. You can still bring a claim for an injury caused by a defective product even if no formal recall has been issued.

What if I modified the product before the injury occurred?

Modifications can affect a product liability case, particularly if the modification itself caused or contributed to the defect that led to your injury. This is a case-specific question worth discussing with an attorney.

Can I still have a case if I bought the product secondhand?

Depending on the type of defect and how the product changed hands, you may still have a claim against the original manufacturer, though the analysis can be more complex than a claim involving a new product.

What if the product injured me but I wasn't the one who purchased it?

You generally don't need to be the purchaser of a product to bring a product liability claim; anyone injured by a defective product while using it as intended, or in a reasonably foreseeable way, may have a claim.

If you or a loved one has been injured by a defective product anywhere in Rhode Island, contact Kirshenbaum & Kirshenbaum today for a free consultation. There is no attorney's fee unless we recover compensation for you.

This content is for informational purposes only and does not constitute legal advice. Each case is unique, and past results do not guarantee future outcomes.