Delaware Products Liability Lawyers

When a defective product causes a serious injury, most people are blindsided. You expect consumer products, medical devices, tools, and vehicles on the market to be reasonably safe. Under Delaware product liability law, injured consumers can bring claims against manufacturers and others in the supply chain when unsafe products cause harm.

Delaware’s product liability rules are more technical than those of many states. Most Delaware product liability cases are brought under negligence, and breach of warranty, not strict liability, and local defenses like the sealed container defense and modified comparative fault can heavily affect outcomes.

Rhoades & Morrow is a Delaware personal injury law firm representing victims who have been seriously hurt by dangerous products statewide. Our law firm works to identify product defects, determine who can be held liable, and pursue compensation under Delaware law.

How Product Liability Works Under Delaware Law

In Delaware, product liability lawsuits are typically based on:

• Negligence – the company failed to use reasonable care in designing, manufacturing, or warning about the product.
• Breach of warranty – the product failed to live up to an express or implied promise that it would be safe or fit for ordinary use.

Unlike many states, Delaware product liability law does not recognize a standalone strict-liability claim for defective products. Instead, defective design, manufacturing defects, and failure-to-warn claims are framed as negligence or warranty claims.

Most product liability claims for personal injury must be filed within two years of the injury or the date the injury reasonably should have been discovered.

Sealed Container Defense and Joint & Several Liability

Two Delaware-specific issues often come up in product liability cases:

• Sealed container defense – A retailer or seller that acquires and sells a product in a sealed container, without knowledge of a defect, can, in some situations, use Delaware’s sealed container statute to avoid liability for design or manufacturing defects.
• Joint and several liability – When multiple companies’ negligence combines to cause a single injury, Delaware’s joint and several liability rules can allow an injured person to recover the full amount of damages from any one of the responsible parties, who may then seek contribution from others.

Because of these local rules, working with Delaware products liability lawyers who understand the nuances of Delaware’s legal system is critical.

Defective Products Commonly Seen in Delaware

Defective or unreasonably dangerous products can show up in almost any category. Examples include:

• Motor vehicles and auto components – tires, airbags, brakes, fuel systems, or child car seats
• Medical devices and pharmaceutical drugs – implants, pumps, surgical hardware, and certain medications
• Consumer goods and household products – kitchen appliances, space heaters, e‑cigarettes, cleaning products, children’s toys, and furniture
• Power tools and construction equipment – saws, nail guns, ladders, scaffolding, and heavy machinery
• Industrial and workplace equipment – presses, conveyors, and other machinery used on the job

A defective product can cause burns, amputations, broken bones, eye injuries, internal organ damage, or even death.

Types of Product Defects

Design Defects

A design defect exists when the product’s blueprint is unsafe, even if the manufacturing process goes exactly as planned. A classic example is a product that tips over too easily or lacks a feasible safety feature that most manufacturers would include.

Manufacturing Defects

A manufacturing defect occurs when something goes wrong during the manufacturing, assembly, or packaging of a product, so that a particular unit does not meet the intended safe design. Contamination during production, misassembled parts, or substandard materials are typical manufacturing defects.

Failure to Warn / Marketing Defects

In failure-to-warn cases, a product may be correctly designed and manufactured but lack adequate instructions or warnings about known dangers. Delaware product liability attorneys often see this with medications, medical devices, chemicals, and consumer products that carry risks when misused or combined with other substances.

All three categories, design, manufacturing, and warning, are recognized in Delaware product liability cases, but they are framed in terms of negligence or warranties rather than pure strict liability.

Dangerous Products and Serious Injuries

Dangerous products can lead to a wide range of serious injuries, including:

• Traumatic brain injuries and concussions
• Spinal injuries
• Broken bones and crush injuries
• Severe burns and scarring
• Internal bleeding and organ damage
• Allergic reactions or systemic health problems
• Wrongful death

These injuries may require surgery, hospitalization, long-term rehabilitation, and future medical care. Product liability claims allow injured consumers to seek compensation for these losses.

Who Can Be Held Liable in a Defective Product Case in Delaware?

In many defective product cases, more than one company can be held liable. A single product liability lawsuit might name:

• The product’s manufacturer
• Manufacturers of component parts
• Distributors and wholesalers
• Retailers or sellers in the supply chain

Each party in the supply chain may be named if a person suffered injury from a defective product, and because of joint and several liability, a successful plaintiff may recover damages from any of the multiple tortfeasors.

At the same time, sellers may raise defenses, such as the sealed-container defense, or argue that they had no duty to detect hidden product defects.

Compensation in Defective Product Claims

In Delaware, injured victims of defective products can pursue damages for both economic and non‑economic losses, including:

• Medical expenses and future medical costs
• Lost wages and a reduction in future earning capacity
• Costs of mobility aids, home modifications, or attendant care
• Pain and suffering and loss of enjoyment of life
• Emotional distress and psychological harm
• Property damage
• Wrongful death damages for surviving family members (funeral expenses, loss of financial support, and loss of companionship)

In other words, product liability lawsuits allow injured consumers to hold companies financially accountable and recover damages for both financial and human losses.

There is no guarantee of maximum compensation, but a well-documented product liability claim that accounts for future medical expenses and long-term impacts tends to put victims in the strongest position for a fair result.

How Delaware Product Liability Attorneys Can Help

Because Delaware product liability law is different from many states (no strict liability, sealed container defense, unique joint-and-several rules), you want Delaware product liability lawyers who regularly handle these matters, not just general personal injury cases.

An experienced Delaware products liability lawyer can:

• Analyze whether there is a viable product liability case under negligence or breach of warranty
• Identify all potentially liable parties in the supply chain
• Work with engineers, medical professionals, and other experts to prove product defects and causation
• Gather and preserve crucial evidence, including the product, manuals, warnings, and internal documents
• Navigate defenses such as comparative negligence, misuse, and the sealed container defense
• Negotiate with insurers and corporate defense counsel
• Take the case to trial if needed to pursue fair compensation

Most product liability attorneys in Delaware offer a free consultation and work on a contingency fee basis, meaning they are paid only if they recover compensation for you.

Because product liability cases are expert-intensive and document-heavy, having experienced product liability lawyers who regularly handle them is crucial.

What To Do After You’re Hurt by a Defective Product in Delaware

If you suspect a defective product caused your injury:

1. Get medical care immediately. Your health comes first, and early records help link the injury to the product.
2. Preserve the product and packaging. Do not throw it away or attempt to repair it. Keep receipts, manuals, and any warnings.
3. Document everything. Take photos of the product, your injuries, and the scene where the incident occurred.
4. Avoid giving detailed statements to the manufacturer or their insurer before you understand your legal rights.
5. Write down the names of witnesses and anyone who saw the product fail or the aftermath.
6. Contact a Delaware product liability lawyer as soon as you can to review your legal options and protect critical evidence.

Because product liability claims can be complex and challenging, starting early gives your legal team more time to investigate and build a strong case. Call the experienced attorneys at Rhoades & Morrow today for a free consultation.

Frequently Asked Questions