## Product liability claims in Delaware When a defective product injures someone, **product liability law** lets the injured person recover from the manufacturer, distributor, retailer, or sometimes other parties in the supply chain. Each state's exact framework varies. ### Delaware framework - **Theory of liability:** Strict liability + negligence - **Statute of limitations:** 2 years from injury ## Three theories of product liability **1. Strict liability.** The product was defective when it left the manufacturer's hands, and the defect caused the injury. The plaintiff doesn't have to prove negligence — only the defect and causation. Most states have adopted this through Restatement (Second) § 402A or its state equivalent. **2. Negligence.** The manufacturer or seller failed to use reasonable care in design, manufacture, or warning. Requires proving the duty of care, breach, causation, and damages. **3. Breach of warranty.** The product violated express warranties (advertised claims) or implied warranties (merchantability, fitness for a particular purpose) under the Uniform Commercial Code. Most product cases plead all three. ## Three types of defects **Manufacturing defect.** The product was supposed to be safe but a particular unit was made wrong (a bottle that wasn't sealed, a brake that was incorrectly installed, a pacemaker with a flawed weld). **Design defect.** The product line was designed in an unreasonably dangerous way. Two competing tests: - **Consumer expectations test** — would the product fail the expectations of the ordinary consumer? - **Risk-utility test** — does the risk outweigh the utility, given a reasonable alternative design? **Warning / failure-to-warn defect.** The product is dangerous in ways the user wasn't adequately warned about. ## Who can be sued - **Manufacturer** — usually the deepest pocket and most foreseeably liable - **Component-part manufacturer** — if a specific part caused the injury - **Designer** — even if separate from the manufacturer - **Wholesaler / distributor** - **Retailer** — strict liability still applies in most states - **Lessor** — for leased products - **Successor entity** — if the original manufacturer is gone Some states have **innocent retailer** statutes that shield non-manufacturer sellers when the manufacturer is solvent and amenable to suit. ## Common product-liability scenarios - **Defective vehicles** — airbags, seatbelts, fuel-tank fires, rollover propensity - **Defective medical devices** — hip implants, transvaginal mesh, IVC filters, hernia mesh, pacemakers - **Defective drugs** — failure to warn of side effects, contamination, mislabeled doses - **Defective consumer products** — appliances, tools, toys, furniture, child seats - **Industrial equipment** — machinery without guards, defective forklifts - **Asbestos** — historical defective products causing mesothelioma decades later - **Glyphosate / Roundup** — agricultural chemicals causing cancer claims - **Talc** — baby powder ovarian cancer claims ## Defenses to product-liability claims - **Comparative fault** — the plaintiff misused the product or contributed to the injury - **Assumption of risk** — the plaintiff knowingly used a product despite obvious dangers - **Sophisticated user / learned intermediary** — the user (or doctor/employer) knew the risks - **Government compliance / preemption** — federal regulations preempt state-law claims (medical-device preemption is significant) - **Statute of limitations / repose** — case filed too late - **Substantial alteration** — the product was modified after leaving the manufacturer - **State of the art** — design represented the safest possible at the time ## Statutes of repose Many states have a **statute of repose** — a hard deadline from the date of FIRST SALE, separate from the SOL on injury. After repose runs (typically 8-15 years), the manufacturer is immune even for newly-occurring injuries. This is why long-latency injuries (asbestos, slow-developing cancers from defective drugs) can be problematic. ## Class actions and MDL Major product cases often consolidate into: - **Class actions** — single judgment binds class of similarly-situated plaintiffs - **Multidistrict litigation (MDL)** — federal cases consolidated for pretrial proceedings - **Mass torts** — coordinated state-court litigation Joining one of these may be the realistic path for moderate individual cases. ## Damages - **Medical expenses** — past, present, and future - **Lost wages and earning capacity** - **Pain and suffering** - **Emotional distress** - **Permanent impairment / disfigurement** - **Wrongful death damages** for fatal cases - **Punitive damages** for malicious or reckless misconduct (capped in many states) ## What you should do If you've been hurt by a product in Delaware: preserve the product itself (don't throw it away or send it to the manufacturer for repair), photograph it, save the packaging and instructions, get medical care, and contact a product-liability attorney quickly. Most Delaware product-liability attorneys offer free consultations and work on contingency. Time-sensitive evidence preservation (defective product, scene, related items) is critical. --- *This guide is general information about Delaware law as of early 2026 and is not legal advice. Product-liability law has many edge cases (federal preemption, learned-intermediary doctrine, state-specific statutory limits) that change the analysis. Talk to a licensed Delaware attorney about your specific case.*