How to file a product liability claim, step by step

The process at a glance

A product liability claim has two halves. The first half is up to you: protect your health and protect the proof. The second half is up to your lawyer: build the case, file it, and push it to a settlement or a trial.

Steps 1 to 5 are things you can do this week. Steps 6 to 9 happen after you hire a lawyer. If you are not sure you have a claim, start with the product liability guide.

This page is general information, not legal advice.

Steps 1–5: what to do right away

1. Get medical care and keep the records

See a doctor, even if the injury seems minor. Medical records also show what the injury was and when it happened. Ask for copies of visit notes, test results, imaging and bills. Keep a folder, paper or digital, for everything.

2. Keep the product

The product is often the most important piece of proof. Do not repair it, clean it, return it or throw it away.

Keep the parts that came with it: the box, the manual, the lid, the charger, the label. If the product is a car part, tell the repair shop you want any removed parts saved.

Do not send the product to the company unless a lawyer tells you to. Once the company has it, you no longer control it.

3. Take photos and write down what happened

Photograph the product from every side. Get close-ups of the label, model number, serial number and any date code. Photograph your injuries, and keep taking photos as they heal. Photograph the place where it happened.

Write down what happened while you remember it clearly: the date, time, what you were doing, and who was there. Save witnesses’ names and phone numbers.

4. Save receipts and track your costs

Find proof of purchase: a receipt, a credit card statement, or an online order. This shows what you bought, where and when.

Track what the injury costs you. Save medical bills, pharmacy receipts and mileage to appointments. Save pay stubs or a letter from your employer if you missed work. These records become the base of what you can claim.

5. Check for recalls and report the injury

Look up whether the product has been recalled.

• Household products: The Consumer Product Safety Commission (CPSC) posts recalls and warnings. For example, SharkNinja recalled about 1.8 million Foodi pressure cookers in May 2025 because the lid can open during use. That notice cited 106 burn reports and 26 lawsuits.
• Vehicles and airbags: The National Highway Traffic Safety Administration (NHTSA) handles vehicle defects. In April 2026, NHTSA ordered a recall of counterfeit airbag inflators marked “DTN60DB.”

A recall can help show a defect, but not every dangerous product is recalled. In February 2026, the CPSC warned people to stop using certain Gourmia pressure cookers after the companies refused an acceptable recall. Reporting your injury adds to the public record. Ask your lawyer about the timing.

What to collect: a checklist

What to keep	Why it matters
The product and its parts	Lets engineers inspect the defect
Box, manual and labels	Shows the warnings and instructions you were given
Photos of product, injury and scene	Records conditions before anything changes
Medical records and bills	Proves the injury and its cost
Receipt or order record	Shows who sold the product and when
Pay stubs or employer letter	Proves lost income
Recall notices or agency reports	Can support proof of a defect
Your written account and witness names	Preserves details that fade over time

Steps 6–9: what happens after you call a lawyer

6. Talk to a lawyer before your deadline

Every state limits how long you have to sue. California allows 2 years for injury caused by another’s wrongful act or neglect. Florida allows 4 years for injury claims founded on a product’s design, manufacture, distribution or sale, but 2 years for wrongful death. These are only examples. Ask a lawyer to confirm the deadline where you live. The deadlines page has more detail.

Most product injury lawyers work on contingency. The American Bar Association says a client who loses generally owes no fee. ABA Model Rule 1.5(c) says the fee agreement must be in a writing you sign. It must explain how expenses are handled. The settlements page shows how fees change what you take home.

7. Demand letter or lawsuit

Some cases begin with a demand letter that asks the company to pay. Many go straight to a lawsuit.

A lawsuit starts with a complaint. It names the companies being sued and explains what the product did wrong. Your lawyer chooses the court.

Some cases join a larger group. Under 28 U.S.C. § 1407, federal cases with common questions of fact can be sent to one court for pretrial work. This is called multidistrict litigation, or an MDL. Others are class actions under Federal Rule of Civil Procedure 23. The class action vs. mass tort page explains the difference.

8. Discovery

Discovery is the fact-finding stage. Each side asks the other for documents and answers. The company may have to turn over design files, complaint records and internal emails. You may answer written questions and give a deposition, which is sworn testimony outside court.

Engineers and doctors often study the product and your injury. Their reports explain how the defect happened and how it caused your harm.

9. Settlement or trial

Most cases end in one of three ways: a settlement, a verdict at trial, or a dismissal.

Settlement. The company agrees to pay, and you agree to end the case. Many settlements are confidential. In federal pressure cooker cases filed from 2019 to January 2024, most of the cases that had ended (133) settled out of court. A class action settlement needs court approval. Under Rule 23(e), the judge must find the deal “fair, reasonable, and adequate.”

Trial. A jury hears the evidence and decides. A verdict is not always the final number. In Perez v. Sunbeam, a jury awarded $55.5 million over a Crock-Pot multi-cooker in December 2024. The judge then applied Colorado’s damages caps and cut the award to about $9.1 million. That judgment was put on hold during an appeal to the Tenth Circuit.

Prior results do not guarantee a similar outcome.

Group cases. In an MDL, the court often holds early “bellwether” trials to show how juries react. In the hair relaxer MDL, a September 2026 order set the first federal bellwether trial for Sept. 7, 2027, according to a docket tracker. After pretrial work ends, each MDL case can be sent back to its home court.

After the case ends

Fees and case expenses come out under your written fee agreement, and you receive the rest. Ask for a written statement that shows each deduction.