Who Can I Sue For A Defective Product?

Who Can I Sue For A Defective Product?

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When you buy a product, the last thing you expect is that it will be defective in some way. But when it does happen, there is often a simple solution – you return the item to the merchant where you bought it, and you get a new one. What happens, though, when the product’s defect or malfunction causes injury to you or a loved one? How do you know who may be held responsible if you are injured by a defective product?

When you decide that you want to file a claim because you have been injured by a defective product, the first thing that must be done is determining who to file the claim against. It can be a confusing task when you are dealing with a product because there is often a company that is responsible for designing the item, manufacturing it, supplying it to retailers, and the retailers themselves. So, how do you know who to hold liable?

What Are The Most Common Causes Of Action In Product Liability Claims?

The most common causes of product liability claims can typically be categorized into three categories:

  • Design defects – This is an inherent defect in the design of a product, not the manufacturing. One example is an airbag in a vehicle that deploys with too much force, injuring the driver. 
  • Manufacturing defects – This is a defect that happens during the process of creating the product and results in a deviation from the design that makes the product dangerous for the consumer. An example of a manufacturing defect is a missing part that causes a product to break and injure someone.
  • Failure to warn – Any product that can be dangerous or harmful should come with instructions for safe use. A warning defect occurs when there is no warning or user manual, and someone is injured as a result. An example of a failure to warn defect is a prescribed medication that might cause drowsiness without a warning label disclosing that. If the patient takes the medication, drives, and gets into a car accident because they were too drowsy, it may be a product liability case with merit.

Who May Be Liable For Defective Products?

Generally speaking, you want to include all the parties that are involved in the chain of distribution of the product. Of course, you will want to have your claim examined by an attorney who is experienced with product liability. They will be able to narrow down the case as necessary.

In the meantime, the following list highlights the potential parties in a product liability case and what they do:

  • Manufacturer – The distribution chain typically begins with the company that makes the product. You will also want to include companies that designed and marketed the product if they are separate from the manufacturer. For example, if your product liability claim involves a defect in the design of the product, then you should include any design consultants that the manufacturer worked with. If your claim involves incomplete or inadequate instructions, you could potentially include any marketing parties that wrote the instructions for the defective product.
  • Wholesaler or distributor – In the distribution chain, there may be numerous distributors, wholesalers, and suppliers. These are the middlemen between the manufacturer and the retailers. Because they are all considered parts of the chain of distribution of the defective product, they are potentially liable when it causes injuries. 
  • Retailer – This is the store or seller from whom you bought the faulty product. Even though they may not have had anything to do with the manufacturing of the product, they may still have responsibility for your injury.

 

Remember, even if you don’t think that a company in the distribution chain had any responsibility in the injuries caused by the defective product, they may. That’s why you should seek the advice of a personal injury attorney regarding your claim.

What Must Be Proven In A Product Liability Case?

As with any personal injury case, there are specific elements that you have to prove in a product liability lawsuit. First, it must be shown that you used the product in the way that it was designed to be used and not for any other purpose. Second, it must be proven that the product was defective. Third, you must prove that you were injured. And lastly, it must be proven that your injuries were caused by the defect in the product.

Get Professional Legal Help For Your Defective Product Claim

Defective product cases can be difficult to prove and often require the expertise of medical and technical experts. It is always best to seek legal representation in these cases.

At Ross Feller Casey, we have experienced product liability attorneys along with medical doctors right on staff to help you with your case. We have a proven track record of winning multimillion-dollar product liability lawsuits for our clients – families just like yours who have suffered injuries due to defective or malfunctioning products. 

If you or a loved one has been injured by a defective product, you need a personal injury attorney to help you file your claim, represent your best interests, and secure the compensation that you deserve. Contact us today for your free case evaluation. Our cases are handled on a contingency basis, so there are no fees until we win or settle your case.

evenlaim because you have been injured by a defective product, the first thing that must be done is determining who to file the claim against. It can be a confusing task when you are dealing with a product because there is often a company that is responsible for designing the item, manufacturing it, supplying it to retailers, and the retailers themselves. So, how do you know who to hold liable?

What Are The Most Common Causes Of Action In Product Liability Claims?

The most common causes of product liability claims can typically be categorized into three categories:

  • Design defects – This is an inherent defect in the design of a product, not the manufacturing. One example is an airbag in a vehicle that deploys with too much force, injuring the driver. 
  • Manufacturing defects – This is a defect that happens during the process of creating the product and results in a deviation from the design that makes the product dangerous for the consumer. An example of a manufacturing defect is a missing part that causes a product to break and injure someone.
  • Failure to warn – Any product that can be dangerous or harmful should come with instructions for safe use. A warning defect occurs when there is no warning or user manual, and someone is injured as a result. An example of a failure to warn defect is a prescribed medication that might cause drowsiness without a warning label disclosing that. If the patient takes the medication, drives, and gets into a car accident because they were too drowsy, it may be a product liability case with merit.

Who May Be Liable For Defective Products?

Generally speaking, you want to include all the parties that are involved in the chain of distribution of the product. Of course, you will want to have your claim examined by an attorney who is experienced with product liability. They will be able to narrow down the case as necessary.

In the meantime, the following list highlights the potential parties in a product liability case and what they do:

  • Manufacturer – The distribution chain typically begins with the company that makes the product. You will also want to include companies that designed and marketed the product if they are separate from the manufacturer. For example, if your product liability claim involves a defect in the design of the product, then you should include any design consultants that the manufacturer worked with. If your claim involves incomplete or inadequate instructions, you could potentially include any marketing parties that wrote the instructions for the defective product.
  • Wholesaler or distributor – In the distribution chain there may be numerous distributors, wholesalers, and suppliers. These are the “middle men” between the manufacturer and the retailers. Because they are all considered parts of the chain of distribution of the defective product, they are potentially liable when it causes injuries. 
  • Retailer – This is the store or seller from whom you bought the defective product. Even though they may not have had anything to do with the manufacturing of the product, they may still have responsibility for your injury.

 

Remember, even if you don’t think that a company in the distribution chain had any responsibility in the injuries caused by the defective product, they may. That’s why you should seek the advice of a personal injury attorney regarding your claim.

What Must Be Proven In A Product Liability Case?

As with any type of personal injury case, there are specific elements that you have to prove in a product liability lawsuit. First, it must be proven that you used the product in the way that it was designed to be used and not for any other purpose. Second, it must be proven that the product was defective. Third, you must prove that you were injured. And lastly, it must be proven that the defect in the product caused your injuries.

Get Professional Legal Help For Your Defective Product Claim

Defective product cases can be difficult to prove and often require the expertise of medical and technical experts. It is always best to seek legal representation in these cases.

At Ross Feller Casey, we have experienced product liability attorneys along with medical doctors right on staff to help you with your case. We have a proven track record of winning multimillion-dollar product liability lawsuits for our clients – families just like yours who have suffered injuries due to defective or malfunctioning products.  

If a defective product has injured you or a loved one, you need a personal injury attorney to help you file your claim, represent your best interests, and secure the compensation that you deserve. Contact us today for your free case evaluation. Our cases are handled on a contingency basis, so there are no fees until we win or settle your case.

Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.