Product Liability Settlement Calculator
Estimate a product-liability settlement under one of the three theories: design defect, manufacturing defect, or failure to warn. Combines medical bills, lost wages, severity, defect strength, and statutory state-of-the-art / preemption defenses. Strict liability under §402A of the Restatement (Second) of Torts applies in most states.
Three Theories of Product Liability
Design defect — the entire product line is unreasonably dangerous because of its design. Test: risk-utility or consumer expectation. Examples: SUV roof crush, defective airbags, exploding e-cigarettes. Manufacturing defect — a deviation from intended design in a particular unit. Easiest to prove (just compare to other units). Examples: car with defective brake hose, contaminated medicine. Failure to warn / inadequate warning — manufacturer failed to warn about a non-obvious risk. Most heavily litigated in pharma and medical devices.
Strict Liability vs Negligence
Strict liability (most states, per Restatement §402A) — plaintiff need not prove negligence. Must prove: (1) defect existed when product left defendant's control, (2) defect caused injury, (3) plaintiff used the product in a reasonably foreseeable manner. Negligence theory (also available) requires proof of breach of duty (e.g. failure to test). Breach of warranty (UCC §2-313/2-314) — express and implied warranty theories useful when strict liability is preempted.
Defenses — State of the Art, Preemption, Misuse
State of the art: defendant complied with all known science when designing the product (FDA approval, ISO standards). Federal preemption: federal law (FDA approval for Class III medical devices under Riegel v. Medtronic; FIFRA for pesticides; federal motor-vehicle safety standards for autos) preempts state-law claims. Sweeping in pharma. Product misuse: plaintiff used the product in a way the manufacturer could not reasonably foresee. Comparative-fault statutes also apply.
Statute of Limitations and Statute of Repose
Two clocks: SOL (2-4 years from injury, discovery rule applies) and statute of repose (10-20 years from product sale, hard cutoff regardless of when injured). Repose statutes immunize manufacturers of older products. Example: TX has 15-year repose; CA has no general repose (so older injuries still file). FDA-approved generic drugs are largely preempted under Mensing/Bartlett. Don't wait — get product preserved (litigation-hold letter to insurance, body shop, hospital) immediately.
Sources: Restatement (Second) of Torts §402A, Restatement (Third) of Torts: Products Liability, Riegel v. Medtronic (552 U.S. 312, 2008), PLIVA v. Mensing (564 U.S. 604, 2011). Last updated: May 2026. Not legal advice.