Who Should I Hold Liable in My Product Liability Case?

law conceptIf you have been injured due to a defective product and are looking to file a claim to recover compensation for your injuries, you need to identify all the potential defendants that might be responsible for your injuries.

However, depending on the specific product, pinpointing who you should sue could be challenging. Generally speaking, you need to include everyone involved in the product’s distribution chain. It’s crucial to keep in mind that there might be one or several potential defendants to your claim, adds one of the top personal injury lawyers in New York.

With that said, below are the standard types of individual and entities usually involved in a product’s distribution chain:

The Product Manufacturer

If the product is a component of another product, you need to include both manufacturers: the product manufacturer and the defective component manufacturer.

You likewise need to include other parties that were involved in the development and marketing of the defective product, particularly they’re an entity separate from the manufacturer, such as an independent contractor or consultant.

The Product Retailer

Even if the retailer did not manufacture the product that caused your injury, depending on the specific circumstances of your claim, you could name the retailer as a defendant as well.

When trying to determine if you should include the retailer in your claim, you don’t necessarily need to be the buyer nor the user of the defective product. You could also file a claim even for used, defective products.

The Middlemen

These include suppliers, wholesalers, distributors, and others. These are all part of the defective product’s distribution chain, and could, therefore, be held potentially responsible for your injuries, and thus should be named in your claim as well.

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As you could see from above, figuring out all the potential defendants to your product liability lawsuit could be very complex. However, doing so is immensely vital, especially when you consider the legal principle of joint and several liabilities.

Essentially, it states that each potential defendant would be legally liable both together or jointly, and separately or severally, for the full damages award.

This means that if the court finds all the defendants you name in your claim liable for your injuries, the guilty parties would all need to pay, which in turn increases your chances of recovering more compensation. Consult an experienced product liability lawyer to help you build your case.