When a defective product causes injury, victims have the right to seek justice through a product liability lawsuit. However, many people hesitate to pursue legal action because of persistent myths that cloud the truth. At Hayes Law, we’ve seen how these misconceptions prevent injured individuals from holding powerful corporations accountable.
Let’s explore some of the most common myths about product liability claims—and set the record straight.
Myth #1: If You Misused the Product, You Can’t File a Claim
The truth: While using a product improperly might affect a case, it does not automatically disqualify you from filing a claim. Many product liability lawsuits involve foreseeable misuse—when a manufacturer should have reasonably expected that consumers might use the product in a slightly unintended but common way.
For example, if a child’s toy breaks during normal rough play and causes injury, the manufacturer may still be liable. The key factor is whether the company took reasonable steps to design, test, and warn about risks.
Myth #2: You Must Prove Negligence to Win
The truth: Unlike many personal injury claims, product liability cases can be based on strict liability. This means that you may not need to prove the manufacturer was negligent—only that the product was defective and caused your injury.
Strict liability applies in three types of defects:
- Design defects – flawed from the beginning
- Manufacturing defects – errors during production
- Marketing defects – such as failure to warn or false advertising
If your case involves one of these defects, you may be eligible to recover compensation without showing negligence.
Myth #3: Only the Manufacturer Can Be Sued
The truth: While manufacturers are the primary defendants in most product liability claims, they are not the only ones who can be held accountable. Any party in the supply chain—including distributors, wholesalers, and retailers—can potentially be liable if they played a role in putting a defective product into consumers’ hands.
This broader scope is important because if a manufacturer is out of business or difficult to locate, there may still be a path forward in holding others responsible.
Myth #4: Product Recalls Eliminate Your Right to Sue
The truth: A recall does not prevent you from filing a lawsuit. In fact, a product recall can help strengthen your case by showing that the company recognized the issue.
Whether or not the recall happened before or after your injury, you may still have a valid claim. Recalls do not release companies from their legal responsibilities to provide safe products and properly warn consumers of dangers.
Myth #5: You Can Only Sue If You Bought the Product Yourself
The truth: Product liability laws often protect anyone injured by a defective product—not just the original purchaser. If you were borrowing a friend’s tool, riding in a vehicle with a defective airbag, or even injured by a product at a store or workplace, you may still have a valid claim.
The focus is on your injury and the product’s defect, not your ownership status.
Myth #6: Big Companies Always Win
The truth: This is one of the most harmful myths—and it’s simply not true. While large corporations do have extensive legal resources, they are not invincible. At Hayes Law, we have successfully gone toe-to-toe with major corporations and won.
Jurors tend to support injured consumers who were harmed by negligence or defective design, especially when companies fail to take responsibility. Strong legal strategy, expert testimony, and clear evidence can level the playing field—and tip it in your favor.
Myth #7: Product Liability Claims Are Just “Frivolous Lawsuits”
The truth: Product liability cases serve a crucial public safety function. They force companies to take responsibility for harmful defects and motivate them to improve their products and warnings. Many life-saving changes in car design, medication labeling, and child safety have come from lawsuits—not voluntary action.
Labeling these claims as “frivolous” is often a tactic used by corporations to discourage consumers from exercising their rights.
Myth #8: You Can’t Afford a Product Liability Attorney
The truth: At Hayes Law, like many personal injury firms, we work on a contingency fee basis—meaning you pay nothing upfront. We only get paid if we win your case. This allows every injured person, regardless of income, to pursue justice against powerful corporations.
Don’t let fear of legal fees stop you from exploring your legal options.
How We Can Help
At Hayes Law, we’re committed to helping individuals and families in San Diego who have suffered because of dangerous or defective products. Attorneys Jillian Hayes and Jim Hayes bring a proven track record of results, including victories against some of the largest companies in the country. We combine deep legal knowledge with compassionate, personalized service.
If you’ve been injured by a defective product, don’t be discouraged by myths and misinformation. Let our experienced team evaluate your case and fight for the compensation you deserve.
Contact Hayes Law today for a free consultation. You don’t have to face this alone.
