Do I need to prove the manufacturer was negligent to bring a product liability claim?

Under strict product liability, you do not need to prove negligence — you need to show that the product was defective and that the defect caused your injury. This is different from a standard negligence claim, which requires proving the defendant failed to meet a standard of care.

Can I bring both a product liability claim and a negligence claim?

Yes, in most cases these two theories of liability are not mutually exclusive. A defective machine might give rise to a product liability claim against the manufacturer and a negligence claim against the maintenance contractor who failed to service it properly.

What counts as a defect for a product liability claim?

Courts typically recognise three types of defect: a manufacturing defect (the product was built incorrectly), a design defect (the product's design was inherently unsafe), and a failure to warn (the product lacked adequate safety warnings or instructions). Any of these can form the basis of a product liability claim.

What if the machine was old or had been modified?

Modifications to a machine can complicate product liability claims, depending on who made the modification and whether it was authorised. Age alone does not necessarily defeat a claim — safety regulations and duty to warn obligations can persist. An attorney can advise on the specific facts of your case.

Side-by-Side Comparison

Product Liability vs Negligence Claim: What's the Difference?

Quick answer

Product liability holds a manufacturer strictly responsible for a defective product — no proof of fault required. A negligence claim requires proving a party failed to meet a duty of care. Both theories can apply in the same industrial accident case, particularly where faulty machinery and contractor negligence both contributed.

Contact with objects and equipment — including defective machinery — accounted for 26% of fatal occupational injuries in private industry in 2022, according to the Bureau of Labor Statistics. BLS Census of Fatal Occupational Injuries (2022)

When a defective machine or piece of equipment causes an industrial accident, two different legal theories may apply: product liability (which does not require proving fault) and negligence (which does). Understanding the difference — and when each applies — helps identify which legal routes may be available after an injury.

Side-by-Side Comparison

Factor	Product Liability	Negligence Claim
What must be proven	Product was defective and defect caused injury	Defendant failed standard of care and that failure caused injury
Fault required	No (strict liability in most states)	Yes — fault must be proven
Who can be claimed against	Manufacturer, distributor, or seller of the product	Any party who owed a duty of care (contractor, property owner, etc.)
Types of defect	Manufacturing, design, or failure to warn	Any negligent act or omission
Applicable law	Product liability law (varies by state)	Tort law / negligence law (varies by state)
Can be combined	Yes — both can apply in the same case	Yes — often used alongside product liability

Rules vary by state. This table is for general information only and is not legal advice.

When Both Apply

In industrial accident cases, product liability and negligence are not mutually exclusive. Consider a machinery accident where the machine had a design defect and was also poorly maintained by a service contractor. The injured worker might have a product liability claim against the manufacturer (for the design defect) and a negligence claim against the contractor (for failing to service the equipment to a reasonable standard).

An attorney can assess both theories against the specific facts and advise on which claims are strongest given the available evidence.

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Legal Notice: The information on this page is for general information only and is not legal advice. Every case is different. Prior results do not guarantee a similar outcome. Laws vary by state and individual circumstances affect all legal claims. Contacting this firm does not create an attorney-client relationship. This content may be considered attorney advertising.

Questions About Product Liability vs Negligence

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