AI Insights Key Takeaways
- A D.C. product-injury claim can rest on three theories: strict liability (a defective product), negligence, and breach of warranty.
- Defects fall into three types: design defects, manufacturing defects, and marketing or warning defects (missing or inadequate safety instructions).
- Liability can reach the whole chain of distribution, the manufacturer, component maker, distributor, and retailer, so more than one company may be responsible.
- You generally have three years to file (D.C. Code § 12-301(8)), and D.C. puts no cap on compensatory damages. Preserve the product itself, it is key evidence.
- Schehr Law PLLC handles D.C. products cases on contingency through Kalyn Hoyle, Esq., a member of the D.C. Bar. No fee unless we recover for you.
General information, not legal advice. Every case is different — talk to an attorney about yours.
We trust the products we buy to be safe when used as intended, vehicles and tires, tools and machinery, appliances, medical devices, children’s products, and medications. When a defective one causes injury, D.C. law provides several ways to hold the companies responsible accountable, and it does not limit what you can recover. Contact us today for a free consultation.
Three Ways to Prove a D.C. Product Case
The District recognizes more than one legal theory, and a strong case often uses several:
- Strict liability — generally, that the product was defective and unreasonably dangerous, the defect existed when it left the defendant’s control, and it caused your injury during intended or reasonably foreseeable use. You do not have to prove the company was careless, only that the product was defective.
- Negligence — that a company failed to use reasonable care in designing, making, or marketing the product.
- Breach of warranty — that the product failed to meet express or implied promises about its safety or fitness.
The Three Types of Defects
- Design defects — the product is dangerous because of how it was designed, even when made correctly;
- Manufacturing defects — something went wrong in producing a particular unit; and
- Marketing / warning defects — the product lacked adequate instructions or warnings about a non-obvious danger.
Everyone in the Chain Can Be Responsible
Products liability in D.C. can reach the entire chain of distribution: the manufacturer, the maker of a defective component part, the distributor or wholesaler, and the retailer that sold it. Identifying every responsible party is important, because each may carry separate insurance, and the strongest case often names several defendants.
Preserve the Product
The single most important thing you can do is keep the product, along with its packaging, manuals, and your receipt. Do not repair, alter, or discard it. The item itself is usually the central piece of evidence, and specialized engineering and safety experts often examine it to prove the defect. We help secure and preserve that evidence before it is lost.
D.C. Does Not Cap Your Recovery
Defective products can cause catastrophic harm, from burns and amputations to brain and spinal injuries. Because the District places no cap on compensatory damages, your recovery is measured by your actual losses, including medical care, lost income and earning capacity, and pain and suffering.
Why Injured People in D.C. Choose Schehr Law PLLC
You get a licensed District of Columbia attorney who understands the strict-liability, negligence, and warranty theories, knows how to preserve the product and work with the right experts, and can pursue every company in the chain. Kalyn Hoyle, Esq. is a member of the D.C. Bar and handles the firm’s District cases personally, backed by a team that has recovered more than $10 million for injured clients. No fee unless we win.
Frequently Asked Questions
What do I have to prove in a D.C. products liability case?
D.C. recognizes several theories. Under strict liability you generally show the product was defective and unreasonably dangerous, that the defect existed when it left the defendant’s control, and that it caused your injury while the product was being used as intended or in a reasonably foreseeable way. You may also pursue negligence and breach-of-warranty theories. Which fits depends on the facts.
What are the types of product defects?
There are three. A design defect means the product is dangerous because of how it was designed. A manufacturing defect means something went wrong in making a particular unit. A marketing or warning defect means the product lacked adequate instructions or warnings about a non-obvious danger. A single case can involve more than one.
Who can be held liable for a defective product in D.C.?
Liability can extend along the entire chain of distribution, the manufacturer, the maker of a defective component, the distributor or wholesaler, and the retailer that sold it. Identifying every responsible party matters, because each may carry separate insurance and the strongest case often involves several defendants.
How long do I have to file a products liability claim in D.C.?
You generally have three years from the date of injury (or when it was reasonably discovered) under D.C. Code § 12-301(8). It is also critical to preserve the product itself and its packaging, since the item is often the single most important piece of evidence.
Does D.C. cap damages in a products case?
No. The District does not cap compensatory damages, so recovery is measured by your actual losses, including medical care, lost income and earning capacity, and pain and suffering. Defective products can cause catastrophic injuries, which makes the absence of a cap significant.
Talk to a D.C. Products Liability Lawyer Today
If a product injured you, preserve it and get advice before the manufacturer’s team gets ahead of you. For a free, confidential case review with a D.C.-barred attorney, contact us today or call (202) 344-9721.