Ryan Zavodnick | January 18, 2026 | Product Defect
According to the United States Consumer Product Safety Commission (CPSC), over 28.5 million people suffered product-related injuries in 2020 alone. The CPSC also notes that about 8.5 percent of the United States population experiences some kind of product-related injury each year. Tens of thousands of people lose their lives each year in product-related accidents. Many of these incidents involve defective products, and these incidents can lead to product liability lawsuits. Those recovering from product-related injuries may want to learn more about their legal options alongside an experienced product liability attorney. This type of legal action can potentially provide compensation for missed earnings, medical expenses, and non-economic (psychological) damages. In the case of a fatal product-related accident, a claim may also help surviving family members cover funeral costs. Continue this conversation with a Dover, Delaware personal injury attorney from Zavodnick & Lasky by calling us at (302) 884-6752.
What Are the Different Types of Product Liability?
Injuries caused by defective products typically fall into one of three categories: Defective manufacturing, defective marketing, or defective design. Each of these categories represents a different type of negligence that causes consumers to suffer harm. Note that Delaware does not follow a doctrine of “strict liability” when it comes to defective products, which means victims may need to prove negligence. Victims may be able to learn more about strict liability by contacting Zavodnick & Lasky.
Defective Design
As its name suggests, defective design involves some kind of issue with the design of a product. The “mistake” in this situation occurs before the manufacturing process, when the product is still in its research and development (R&D) stage. Those responsible for creating the prototype of the product may overlook a potential hazard before the company mass-manufactures and distributes it to customers. For example, a company that sells blenders might design a product that explodes after about a year of use. This may be due to a design flaw in its electrical components.
Defective Manufacturing
In contrast, defective manufacturing involves an issue that occurs during the manufacturing process. For example, a factory worker might forget to attach an important safety component to a power tool during the manufacturing process. If the product then finds its way into the hands of a consumer, the lack of this safety component could cause serious injuries. In this situation, the consumer could potentially file a product liability lawsuit despite the fact that there is nothing inherently wrong with the design of the product.
Defective Marketing
The last type of product liability is defective marketing. In this type of claim, there is nothing wrong with either the design or the manufacturing of the product. Instead, the consumer suffers injuries due to the problematic marketing of the product. For example, an electric car company might run an advertisement showing its vehicle traveling underwater like a submarine. If the company fails to clarify that the vehicle is incapable of underwater travel, people may attempt to replicate what they saw in the advertisement. Theoretically, a claim could be possible if victims subsequently attempt underwater travel in the vehicle and drown.
What Are Some of the Most Common Product Injuries?
Although virtually any type of product can cause injuries, some are more hazardous than others. The CPSC provides guidance on this subject with a table of the “Top 20 Product Groups” that caused the most injuries in 2020. These include exercise equipment, bicycles, ATVs, scooters, beds, and chairs. Of these products, ATVs caused the highest number of deaths, followed closely by bicycles. Machinery and electrical hazards also cause a high number of deaths each year.
How do ATVs, Bicycles, and Scooters Cause Injuries?
With ATVs, bicycles, and scooters causing a significant number of deaths and injuries each year, it is important to understand how these accidents occur. Sometimes, these deaths are caused by human error rather than product defects. However, it is worth noting that the CPSC recalls many brands of bicycles, scooters, and ATVs each year due to product defects. These defects might involve malfunctioning brakes, suspension issues, steering problems, or detaching wheels. These defects can easily cause fatal or catastrophic injuries, especially after victims reach high speeds while riding their vehicles.
The CPSC makes it easy to search for recalls in specific product categories. For example, the CPSC has a page dedicated to the most recent recalls in the category of All-Terrain Vehicles. Some models of ATVs have handlebars that pose laceration hazards. Others may overheat while in motion, presenting fire hazards and potentially causing serious burns. While not powered by motors, bicycles may cause injuries due to various defects. These include defective wheels, lead poisoning from bicycle paint, and defective bicycle frames that fall apart.
Electric Vehicles Pose an Understated Threat
Some of the most dangerous vehicles today are powered by electricity. These include e-scooters, e-bikes, hoverboards, and other variants. In addition to defective brakes, poor suspension, and other general vehicle hazards, electric batteries pose additional fire risks. These vehicles may overheat, ignite, and explode while in motion. Lithium-ion batteries are often more unstable than consumers realize, and many victims have suffered severe burns caused by vehicle battery fires. These products may also overheat and ignite while charging, often inside residential homes and apartment buildings. The resulting fires can easily claim lives, and these incidents may lead to product liability claims.
Learn More About Product Liability With Zavodnick & Lasky
While product liability can be a complex subject, the specifics of this legal process may not be overly important for victims. The main takeaway is that if someone is injured by a defective product in Delaware, they may be able to pursue compensation. One does not need to become a legal scholar simply to file a product liability lawsuit, and an experienced personal injury attorney in Wilmington, Delaware, may be able to guide victims through this process from start to finish. Perhaps the most important thing for victims to remember is to seek medical attention as soon as possible after a product-related accident. Health should be a top priority, and victims will likely have plenty of time to consider their legal options once their injuries stabilize. Continue this discussion by contacting Zavodnick & Lasky at (215) 774-6467.
