Wrongful Death Claims for Defective Product Deaths
When a defective product kills someone, the surviving family can file both a wrongful death claim and a product liability claim. Learn how these two claims combine for maximum recovery.
## When a Defective Product Takes a Life
When a person dies because of a defective product — a vehicle with a faulty airbag, a pharmaceutical with concealed fatal risks, a medical device that fails, or any other defective consumer good — the surviving family has both a wrongful death claim and a product liability claim. These two claims are legally distinct but are pursued together, and their combination creates uniquely powerful recovery potential because product liability strict liability doctrine removes the need to prove manufacturer negligence.
Product-related wrongful death cases are among the highest-value claims in personal injury law — the combination of strict liability (no negligence proof needed), documented manufacturer knowledge in many cases, and the full scope of wrongful death damages creates exceptional recovery leverage.
How Product Liability Changes the Wrongful Death Analysis
Standard wrongful death claims require proving that another party was negligent — that they acted carelessly and that carefulness would have prevented the death. Product liability under strict liability is more powerful: you only need to prove the product was defective and caused the death. The manufacturer's reasonable care is irrelevant.
This matters enormously in wrongful death cases because: - You can hold the manufacturer liable even when they had extensive safety programs and quality control processes - You do not need to prove that any individual within the company was negligent — the product's defect is sufficient - All parties in the distribution chain — manufacturer, distributor, retailer — may be jointly liable - Punitive damages become available when evidence shows the manufacturer knew of the defect before the death
Common Products That Cause Wrongful Death Claims
- Automotive defects: airbag failures, brake defects, fuel tank fires
- Pharmaceutical drugs with concealed fatal side effects or dangerous drug interactions
- Defective medical devices: pacemaker failures, defective surgical mesh, failed implants
- Industrial equipment and machinery failures
- Contaminated food products causing fatal illness
- Consumer products with fire or electrocution hazards
Building the Strongest Possible Product Liability Wrongful Death Case
Your attorney's investigation serves two goals simultaneously: establishing the product defect and establishing the wrongful death damages.
- Preserve the product (or its remains if a fire was involved) immediately
- Obtain the deceased's complete medical records documenting the cause of death and connecting it to the product
- Research the product for prior consumer complaints, CPSC recalls, NHTSA investigations, or FDA adverse event reports
- Obtain the deceased's complete employment and earnings history for the economic damages calculation
- Interview all witnesses to the incident that caused the death
- Engage a product engineering expert and a forensic economist simultaneously
For informational purposes only. Not legal advice. Consult a licensed attorney.