Providence Product Liability Lawyer

When you purchase a household appliance, rely on a lifesaving medical device, or simply buckle your child into a car seat, you place your trust in the companies that design, manufacture, and distribute those products. Most of the time, they work exactly as promised, but when they do not, the consequences can be devastating. Product liability law exists to make sure that corporations, not injured consumers, bear the cost of unsafe products. At Jeffrey Glassman Injury Lawyers, our personal injury attorneys have been standing up to manufacturers for more than two decades, and our Providence-focused practice is built on one principle: every victim deserves a level playing field.

Product liability is a body of tort and contract law that holds those in the commercial chain of distribution responsible when a defective or unreasonably dangerous product causes injury. Although every state follows its own statutes and case law, Rhode Island mirrors the national trend by recognizing multiple theories of recovery:

• Strict liability in tort
  Rhode Island adopted § 402A of the Restatement (Second) of Torts, allowing injured consumers to recover without proving negligence where the product was defective and that defect caused injury. Courts continue to consult the Restatement (Third) of Torts for emerging issues.
• Negligence
  Plaintiffs may also allege that a manufacturer or seller failed to exercise reasonable care in designing, producing, inspecting, or warning about the product.
• Breach of warranty
  Article 2 of Rhode Island’s Uniform Commercial Code implies warranties of merchantability and fitness for a particular purpose into most sales of goods. Violating those warranties supports a product-liability claim and may allow recovery for purely economic losses that strict liability excludes.

Because each theory has distinct elements and defenses, seasoned litigators plead all three whenever the facts allow.

Courts and scholars classify product defects into three broad categories:

• Manufacturing defects arise when something goes wrong during production so that a particular unit differs from the intended design. Contaminated pharmaceuticals or laptop batteries missing crucial screws are common examples.
• Design defects occur when the blueprint itself renders every unit dangerous—think of an SUV with a high center of gravity that rolls over in normal turns, or a space heater with no automatic shut-off. Plaintiffs must show that a feasible alternative design would have reduced or eliminated the risk without unreasonably increasing cost or impairing usefulness.
• Marketing defects (also known as failure-to-warn or inadequate-instruction defects) involve insufficient safety labels, instructions, or warnings about non-obvious dangers. Recent Rhode Island litigation over child car seats and e-cigarette batteries illustrates how a product can be flawlessly manufactured yet legally defective because users were not alerted to hidden hazards.

A single product may present more than one type of defect. A thorough investigation is critical to identify them all.

Rhode Island has not enacted a standalone product-liability act; instead, rights and defenses are pieced together from the General Laws and common-law opinions. Key provisions include:

• R.I. Gen. Laws § 9-1-32. Defines “product liability damages” and creates a ten-year statute of repose for most product claims.
• R.I. Gen. Laws § 6A-2-314 to 318. Uniform Commercial Code sections that imply warranties and set notice requirements.
• Case law. Decisions such as Thomas v. Amway Corp., Oliver v. Narragansett Electric, and the 2024 Superior Court opinion in Pereira v. Thor Industries clarify duties to warn, the admissibility of expert testimony, and the scope of punitive damages.

Rhode Island judges often rely on the Restatement (Third) of Torts. For instance, a 2024 federal decision predicted that Rhode Island law would adopt the learned-intermediary doctrine for prescription medical devices, highlighting the importance of physician warnings in claims involving complex products.

Most personal-injury actions in Rhode Island—including product claims—must be filed within three years of the date the injury was or reasonably should have been discovered. The discovery rule protects consumers harmed by latent hazards such as asbestos or defective hip implants.

Separate from the limitations period is a ten-year statute of repose that begins running on the date the product is first delivered or purchased. Once that window closes, most claims are barred even if the injury occurs later. Limited exceptions apply for minors and situations in which the defendant fraudulently concealed the defect.

Rhode Island follows a pure comparative-fault system. Under R.I. Gen. Laws § 9-20-4, an injured person can recover even if they were 99 percent responsible; the court simply reduces the award by the plaintiff’s share of fault. Defense attorneys, therefore, scrutinize alleged product misuse, alteration, or failure to heed warnings. Early, detailed client interviews and expert inspections are essential to counter such arguments.

Injured consumers may seek a broad range of damages, including:

• Medical expenses, rehabilitation costs, and future care needs
• Lost income and diminished earning capacity
• Pain, suffering, and loss of enjoyment of life
• Property damage
• Punitive damages where the defendant’s conduct was willful, wanton, or reckless (rare but possible under Rhode Island law)

There is no statutory cap on compensatory or punitive damages in Rhode Island product-liability actions. However, the state supreme court has reduced verdicts it deemed excessive, making credible expert testimony on damages crucial.

Providence plaintiffs are not limited to suing an out-of-state manufacturer. Under the “stream of commerce” doctrine, any commercial seller that places a defective product into the marketplace can be liable, including:

• Component manufacturers that substantially participate in the final design
• Brand-name companies that license foreign factories
• Wholesalers and distributors that re-package goods
• Brick-and-mortar and online retailers (notwithstanding certain federal immunities for third-party e-commerce platforms)
• Professional sellers of used goods, if they undertook repairs or issued express warranties

Joint-and-several liability generally applies when multiple defendants contribute to the same injury, allowing the plaintiff to collect the full judgment from any one of them.

Product cases hinge on engineering details and corporate decision-making. Swift action preserves critical evidence:

• Secure the product. Store it in a safe, climate-controlled location and avoid repairs.
• Document the scene. Photographs, surveillance video, and eyewitness statements keep memories fresh.
• Obtain medical records. Immediate treatment establishes both causation and damages.
• Consult experts early. Mechanical, biomedical, or warnings experts should examine the product before destructive testing occurs.
• Request corporate records. Recall notices, design-change memos, and regulatory filings often reveal what the manufacturer knew and when it knew it.

Providence County Superior Court’s complex-litigation docket offers procedures for preserving evidence and coordinating discovery when multiple plaintiffs file similar suits, as happened in recent hernia-mesh and talcum-powder litigations.

The past few years have reshaped product liability law in Rhode Island:

• Hernia mesh settlement. In October 2024, Becton Dickinson agreed to pay a substantial portion of its $1.7 billion reserve to resolve roughly 38,000 mesh suits nationwide, including hundreds filed in Rhode Island, underscoring the impact of coordinated state and federal proceedings.
• Child car seat litigation. A 2024 Superior Court decision denied summary judgment for a manufacturer accused of failing to warn about loose-belt syndrome, reaffirming that a post-sale duty to warn can extend for the life of the product.
• PMA pre-emption narrowed. A March 2024 federal ruling allowed parallel-claim allegations to advance against a heart-defibrillator lead manufacturer, signaling that FDA pre-market approval is not an absolute shield.
• Economic-loss doctrine reaffirmed. In February 2025 the Superior Court dismissed negligence claims by the State of Rhode Island where only contractual damages were alleged, warning sophisticated entities to negotiate warranty protections carefully.

These developments highlight the evolving landscape and the necessity of counsel who monitor trends in real time.

• Seek prompt medical attention—even seemingly minor injuries can worsen.
• Preserve the product, packaging, manuals, and receipts.
• File an incident report with the Consumer Product Safety Commission, FDA, or appropriate regulatory body.
• Keep a diary of symptoms, missed work, and out-of-pocket expenses.
• Consult an experienced product-liability attorney before speaking with insurance adjusters or signing any release.

Jeffrey Glassman Injury Lawyers combines Boston-based resources with a deep commitment to Rhode Island communities. We regularly partner with engineers from Brown University, medical experts at Rhode Island Hospital, and industry specialists nationwide to build compelling cases. When appropriate, we file actions in Providence/Bristol County Superior Court, but we are equally comfortable litigating in the U.S. District Court for the District of Rhode Island or joining multi-district litigation elsewhere.

Clients pay nothing up front; we advance all litigation costs and collect a fee only when we secure compensation. This contingency-fee structure levels the playing field against billion-dollar corporations.

Our services include:

• Comprehensive investigation and evidence preservation
• Collaboration with top-tier experts in biomechanics, warnings, and failure analysis
• Negotiation with insurers and corporate defense teams
• Aggressive courtroom advocacy, covering trial and appellate practice
• Coordination with national steering committees in mass-tort proceedings

Defective products can turn ordinary moments into life-altering tragedies. Providence residents injured by an unsafe drug, medical device, household good, or industrial machine have powerful rights under Rhode Island law—but time is limited and evidence fades quickly. Jeffrey Glassman Injury Lawyers stands ready to guide you through the legal maze, demand accountability from negligent corporations, and fight for the full measure of compensation you deserve. Every case is unique. We offer free, confidential consultations. Call (401)-555-1234 or complete our online form 24 hours a day.