Survival Actions in Product Liability Cases: Protecting Consumer Rights

Survival Actions in Product Liability Cases: Protecting Consumer Rights

Survival Actions in Product Liability Cases: Protecting Consumer Rights


Product liability cases arise when consumers are injured or suffer harm due to a defective or dangerous product. In tragic instances where these injuries lead to the death of a loved one, surviving family members have the legal option to pursue justice and compensation through survival actions. This comprehensive guide explores the role of survival actions in product liability cases, shedding light on how they protect consumer rights, provide accountability, and offer a path to compensation.

I. Understanding Product Liability Cases

Product liability cases involve legal claims against manufacturers, distributors, or sellers of products that cause injury or harm due to defects, design flaws, or inadequate warnings. These cases aim to hold responsible parties accountable for producing and distributing unsafe products.

II. The Purpose of Survival Actions

Survival actions, also known as survival claims or wrongful death survival actions, serve several vital purposes:

Continuing the Deceased’s Legal Rights: By initiating survival actions, the legal claims that the deceased person could have pursued during their lifetime continue on their behalf. This includes claims for damages such as pain and suffering, medical expenses, and lost wages.

Seeking Compensation for the Estate: Survival actions seek compensation for the harm suffered by the deceased person from the time of the injury caused by the defective product until their death. The damages awarded become part of the deceased person’s estate and may be distributed to heirs or beneficiaries.

Holding Responsible Parties Accountable: Survival actions provide a means to hold manufacturers, distributors, or sellers accountable for their negligence or wrongful actions, preventing similar incidents from occurring in the future.

III. Elements of a Survival Action in Product Liability Cases

To succeed in a survival action related to a product liability case, several key elements must be established:


Surviving family members must prove that the responsible party owed the deceased person a duty of care, breached that duty by manufacturing or distributing a defective product, and that breach resulted in injuries or harm.


There must be a direct link between the defective product and the injuries sustained by the deceased person, ultimately leading to their death.


The survival action seeks compensation for the damages and losses suffered by the deceased person from the time of the injury caused by the defective product until their death. This can include medical expenses, pain and suffering, lost wages, and other related costs.

Personal Representative:

A personal representative or executor of the deceased person’s estate must be appointed to initiate and pursue the survival action on behalf of the estate.

IV. Protecting Consumer Rights in Product Liability Cases

Survival actions play a crucial role in protecting consumer rights in product liability cases:

Accountability: Manufacturers, distributors, and sellers must be held accountable for producing or distributing defective or dangerous products that harm consumers. Survival actions ensure that these responsible parties are answerable for their actions.

Preventing Future Harm: By pursuing survival actions, consumers help prevent similar incidents in the future. Holding manufacturers and sellers accountable sends a strong message about the importance of product safety.

Compensation: Surviving family members deserve compensation for the pain, suffering, and losses endured by the deceased person due to the defective product. Survival actions provide a legal avenue to obtain this compensation.

Consumer Advocacy: Consumer advocacy groups often support and participate in product liability cases, advocating for safer products and holding companies responsible for their actions.

V. Types of Product Defects

Product liability cases typically involve one of three types of defects:

Manufacturing Defects: These defects occur during the production process and result in individual products being flawed or unsafe, even though the overall product design is sound.

Design Defects: Design defects are inherent in the product’s design, making every unit of the product potentially dangerous or defective.

Marketing or Warning Defects: These defects involve inadequate warnings or instructions for safe product use, or failures to provide proper labeling, which can lead to injury or harm.

VI. Challenges in Product Liability Survival Actions

Survival actions in product liability cases present unique challenges:

Complexity of Cases: Product liability cases can be highly complex, often involving technical and scientific evidence to prove the defect and its causal link to the injuries.

Statutes of Limitations: Survival actions, like other legal claims, are subject to statutes of limitations. Failing to file within the specified timeframe can result in the loss of the right to pursue a claim.

Emotional Toll: Pursuing a survival action in the wake of a loved one’s injury or fatality can add emotional stress to an already traumatic situation. Legal professionals can provide invaluable support and guidance.

VII. Compensation in Product Liability Survival Actions

Surviving family members seeking compensation in product liability survival actions can recover various types of damages:

Medical Expenses: Reimbursement for the medical bills and expenses incurred as a result of the injuries caused by the defective product.

Pain and Suffering: Compensation for the physical and emotional pain and suffering experienced by the deceased person between the time of the injury and their death.

Lost Wages: Recovery for the income the deceased person would have earned had they survived their injuries.

Property Damage: Compensation for any property damage resulting from the use of the defective product, such as damage to personal belongings or vehicles.

Funeral and Burial Expenses: Coverage for the funeral and burial expenses associated with the deceased person’s passing.

Other Economic Losses: Reimbursement for any additional economic losses suffered by the deceased person before their death, such as ongoing medical care or modifications to their home due to disabilities.

VIII. Consultation with Legal Experts

Surviving family members pursuing justice and compensation in product liability survival actions should consult with experienced attorneys who specialize in personal injury and product liability law. Legal professionals can help navigate the complexities of these cases, gather evidence, retain expert witnesses, and build strong cases to hold responsible parties accountable.

IX. Conclusion: Protecting Consumer Rights Through Survival Actions

Survival actions in product liability cases play a vital role in protecting consumer rights, holding accountable those responsible for defective or dangerous products, and providing compensation to surviving family members. These legal avenues serve as a powerful tool to seek justice and promote product safety, ultimately preventing future harm and ensuring that consumers receive the support and compensation they deserve.

Contact Us for a Consultation

Amir Law Group P.C. is a law firm with winning results and the track record to prove it. Whether it is a employment issue, a personal injury, or estate planning, our attorneys have the talent and knowledge to thoroughly represent you. Our attorneys will guide you through the process every step of the way.

We are not afraid to litigate and take cases to trial, and have trial experience. We are relentless and we win. Clients also have first-hand access to our attorneys who are available day or night and will even provide you with their cell phone numbers. Case updates come straight from your attorney rather than paralegals or staff members.

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