Product liability claims address injuries caused by defective consumer goods, industrial equipment, vehicles, medical devices, and other products. Delaware law generally allows injured users to pursue claims under negligence and breach of warranty theories, with claims falling into three primary categories: design defects, manufacturing defects, and warning or instruction defects. Schuster Jachetti LLP has experience handling Delaware product liability matters across each of these theories.
Three Categories of Product Defect Claims
Design Defects
A design defect exists when the product as designed is unreasonably dangerous, and a safer alternative design was reasonably available. Examples include vehicles prone to rollover, machines without adequate guarding, and products that lack basic safety features.
Manufacturing Defects
A manufacturing defect exists when an individual product departs from its intended design, such as a brake line that ruptured because of poor welding even though the design was sound.
Warning and Instruction Defects
A warning defect exists when foreseeable hazards required warnings or instructions that were missing, inadequate, or misleading. Examples include medications without adequate side-effect warnings or power tools without clear use instructions.
Common Defective Product Cases in Delaware
- Defective auto parts (airbags, tires, seatbelts, brakes)
- Industrial machinery without adequate guarding
- Defective medical devices
- Pharmaceutical drugs with inadequate warnings
- Children’s products and toys
- Household appliances
- Power tools and lawn equipment
- E-cigarettes and lithium battery products
Who May Be Liable
- Product designers and manufacturers
- Component part manufacturers
- Distributors and wholesalers
- Retailers in some circumstances
- Importers of foreign-made products
Delaware Law on Product Liability
Delaware has not adopted strict liability in tort for product cases. Instead, claims are typically brought under negligence and the Uniform Commercial Code’s implied warranty provisions, codified in 6 Del. C. §§ 2-314 and 2-315. Cline v. Prowler Industries of Maryland, Inc., 418 A.2d 968 (Del. 1980), is a leading case on Delaware’s approach. The two-year statute of limitations under 10 Del. C. § 8119 generally applies to personal injury claims, while UCC warranty claims may be subject to the four-year period in 6 Del. C. § 2-725.
Damages You May Be Entitled To Recover
- Medical expenses, past and future
- Lost wages and reduced earning capacity
- Pain and suffering
- Disfigurement and scarring
- Loss of consortium
- Wrongful death damages where applicable
- Punitive damages in cases of egregious conduct
Steps to Take After a Defective Product Injury
- Get medical care and document the injury
- Preserve the product itself, do not discard or repair it
- Save all packaging, instructions, and receipts
- Photograph the product, the scene, and your injuries
- Identify witnesses
- Avoid speaking to the manufacturer’s representatives without counsel
- Consult a Delaware product liability lawyer promptly
Frequently Asked Questions
Does Delaware have strict product liability?
Delaware generally requires plaintiffs to prove negligence or breach of warranty rather than applying pure strict liability in tort.
What if I no longer have the defective product?
The case becomes more challenging but is not necessarily impossible. Photos, receipts, and similar exemplar products may help.
How long do I have to file a Delaware product liability case?
Generally two years from injury under 10 Del. C. § 8119, with potentially different deadlines for warranty claims under 6 Del. C. § 2-725.
Can I sue the retailer or only the manufacturer?
Both may potentially be liable, particularly under warranty theories, though manufacturers are typically the primary target.
Related resources: auto accident claims, medical malpractice, industrial accidents, defective product Q&A, attorney Joseph M. Jachetti, and our Wilmington office.
Talk to a Delaware Personal Injury Lawyer
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Talk to a Delaware Attorney
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.