Who is Liable in a Defective Product Lawsuit?
If you have been injured through no fault of your own by using a defective product, then understanding the following steps to take can be confusing. The first step is to identify who may be liable for the damages. Most states have very similar laws regarding which defendants you can name when a product has caused an injury or illness.
Who is Liable in a Defective Product Lawsuit?
Manufacturer
If you are unsure who to name as a defendant if you plan to claim for product liability, then a good lawyer specialising in product liability, such as RB Law, can help cut through some confusion. You will usually begin with the product manufacturer that caused the injury, as the distribution chain will start with them. Depending on the individual product, the manufacturer could be anything from a sole trader working from their home to a large, multinational company. Suppose the issue with the product is a defective part that belongs to a particular product. In that case, you may need to include both manufacturers of the entire product and the component in question as defendants.
Retailer
While the store or shop where you purchased the product that caused the injury or illness is unlikely to have designed or manufactured it, you can still name them as a defendant in most cases as they have sold a defective item. Suppose you purchased the product from a different company to the manufacturer. In that case, you should consider naming both the manufacturer and the retailer as defendants in your suit, as they are still involved in the distribution chain of the defective product.
You can sue the retailer and recover damages even if you did not buy or use the product. Suppose somebody else purchased the product for you, or you sustained injury or illness from being nearby when another person used the defective product. In that case, this may still be grounds for you to hold the retailer that sold it liable.
Middlemen
Various ‘middlemen’ companies, such as distributors, suppliers, and wholesalers, may enter the distribution chain at some point between the manufacturer and the retail store. They may also be named as defendants and could potentially be held liable in a product liability lawsuit.
Why Name Multiple Defendants?
‘Joint and several’ liability is one of the main reasons to name as many defendants as possible in your product liability lawsuit. Essentially, this means that all defendants are liable separately and jointly for any damages awarded to them. The more potential defendants you name, the higher your chance of getting the compensation you are entitled to since if one defendant cannot pay for any reason, the others will be required to cover it.
If you were injured or became unwell when using a product, figuring out who is responsible can be challenging. There are often several parties involved in the distribution chain of a product that has caused injury or illness, and each can be a potential defendant in your case.
