Who Is Liable for a Defective Product?

If you or a loved one suffered personal injury or property damage due to a defective or dangerous product, product liability law allows you to hold responsible parties accountable. Depending on the facts of the case, you may be able to sue numerous parties involved in the product’s chain of distribution.

When your personal injury attorney includes all potentially responsible parties in the product liability lawsuit, it increases your chances of recovering the full compensation you are entitled to. Contact an experienced product liability lawyer in your area today. Read on to learn about who can be liable in a product liability case.

Liability for Product Liability Claims

A product liability claim can seek damages for a faulty product from several parties. Potentially responsible parties can include:

• Manufacturers
• Retailers
• Suppliers
• Wholesalers
• Distributors
• Marketers involved in the product sale

Getting legal help from a personal injury lawyer who handles product liability cases is essential. They will be familiar with researching and locating all potentially liable parties.

For example, the company that sold you the product may have changed ownership through an acquisition. Or, you may need to sue a foreign company doing business in the U.S. Your attorney will help you through this process and will be able to bring legal action against the correct parties.

Understanding Strict Liability

There is no federal product liability law, but some states have enacted statutes for product liability claims. In most states, however, product liability claims arise under common law theories of negligence, warranty, or strict liability.

Strict liability is a legal theory that applies to an increasing number of claims for defects in consumer products. To prove strict liability, the plaintiff must prove:

• The defendant was in the business of selling and sold the product that caused the injury
• The product was in a defective condition (unreasonably dangerous) and was the proximate cause of the plaintiff’s injury
• The product was not altered in any way from the time of sale to the time of the injury

Under strict product liability, proving the defendant’s fault is unnecessary. The strict liability tort law theory focuses on whether the product is dangerous.

Types of Product Defects

Several types of product liability claims give rise to personal injury cases. When your attorney analyzes the facts of your case, they will determine which claim you may have.

Manufacturing Defect

A manufacturing defect occurs when there is a problem with the product’s assembly. This can occur when the product’s design is safe, but an error occurs during manufacturing. A plaintiff can claim a manufacturing defect when the manufacturer’s production mistakes or defects cause their injuries.

Design Defect

A design defect occurs when an entire product line is dangerous to consumers. Product safety is an issue for each product due to the basic design of the product. The allegation in design defect claims is that the product is intrinsically dangerous or defective.

Marketing Defect

A plaintiff may claim a marketing defect when an entity in the supply chain sells a product with improper labeling, inadequate warnings, or insufficient instructions. Common marketing defect claims involve defective medical devices and dangerous drugs.

Implied and Express Warranties

A plaintiff may also allege a breach of warranty. In those claims, a manufacturer has warranted that a product performs in a specific manner. To have a claim for a breach of express or implied warranties, a plaintiff must be able to show that the warranties existed under the Uniform Commercial Code (UCC).

For example, a plaintiff may also claim a breach of the implied warranty of merchantability. This is a type of warranty claim under state law. It is a legal promise that the product is fit for its intended purpose and is free from all types of defects.

Examples of Product Liability Cases

Common examples of product liability claims include the following:

• A power drill malfunctions when a consumer uses it and sustains a grievous bodily injury. The manufacturer made a mistake during the production of a drill bit.
• A prescription drug was contaminated during the manufacturing process and caused consumers to get ill. All other consumers who purchased and used the drug are at risk of harm.
• A manufacturer used airbags in a car, and the airbags suffered from a design defect. A consumer was in a car accident, and the airbags malfunctioned, causing serious bodily harm to the consumer.
• A manufacturer knew about the intrinsic danger of having asbestos as a component of talc powder but failed to warn the public about the health danger. The failure to warn resulted in thousands of cases of cancer.

Manufacturer Responsibilities

Product manufacturers are the first party in the product distribution chain. There could be multiple responsible parties in the manufacturing process. For example, if a component part injured you, you could sue both the manufacturer of the component part and the manufacturer of the whole product.

Distributor and Retailer Responsibilities

Distributors and retailers may not know that a product was defective when they sell the product. However, depending on your state law, they may be liable for damages. Your attorney can determine whether a claim is available for a distributor or retailer.

Pursuing Legal Action for Your Product Liability Claim

Pursuing legal action is never easy. But having a lawyer on your side can help put you at ease. A lawyer is vital in helping injured victims navigate the complexities of pursuing a case against manufacturers, sellers, distributors, and other responsible parties.

When you hire a lawyer, you are getting their expertise. They will do any of the following:

• Assess the viability of your case
• Research product liability law
• Gather evidence supporting your claim
• Keep you on top of all deadlines, including the applicable statute of limitations
• Handle communications with insurance companies and other third parties
• Conduct settlement negotiations
• Represent you at trial (if necessary)

An attorney can provide valuable guidance through the entire legal process and help build your case to recover compensation for your injuries. Contact an experienced product liability attorney today.