Every day people all over the world take practical steps to maintain their health and fitness levels. Having an annual physical can save your life and things like diet and exercise can make a huge difference. Sadly many people end up being involved in accidents and getting injured (e.g.a car collision or during sporting activity).
If you have suffered an injury because a product was found to be defective or dangerous, there may be grounds for a personal injury lawsuit against the people responsible. In this blog post, we will discuss who can be held liable in such cases.
What Is A Defective Product?
A defective product is one that has a design flaw or that contains faulty materials. This can be anything from car parts, medical or sports equipment, electronics, work equipment (e.g. power tools), children’s toys, household appliances or defective packaging.
There are three main types of defects:
– defective manufacture
– defective design
– lack of proper warning/inadequate instructions for use
The Product Designers And Engineers
They are strong candidates because they have control over what goes into making a product and how it is manufactured. They should provide consumers with products that meet certain safety requirements so as not to cause injuries or put people at risk.
Fortunately, many people get financial compensation after filing lawsuits against the people responsible. There are expert personal injury lawyers who can provide free consultations and help with things like medical malpractice, wrongful death or premises liability. It’s possible to use dedicated trial lawyers and litigation experts to aggressively fight for your rights in court and to secure a fair outcome.
Manufacturers are companies that make and distribute products, so if you know who this was, this is a good place to start looking for liability. The manufacturer’s responsibility will depend on how their goods were marketed as well as whether or not they knew about problems with the item before it entered the distribution channels. In other words, did they know people might be hurt by their product? Manufacturers typically have deep pockets so going after them can certainly be lucrative. Keep your eyes open around highly publicized recalls because these manufacturers may be happy to settle quickly to avoid further bad press.
On the downside, it is important to understand that manufacturers are generally not liable for any injuries caused by their products unless they knew or should have known about the defect. For example, if you were injured because your airbag failed to deploy in an accident and no recall was issued at the time of purchase then it would be unlikely that you could hold the manufacturer responsible for your injury.
The Distributor Or Shipping Company
The distributor, supplier or wholesaler can be held liable if they played an active role in causing your injury. The shipping company who transported the defective item may also take some responsibility for damages resulting from their negligence when transporting products.
If you were injured by a baby stroller that tipped over because it was missing its safety latch, both the manufacturer and retailer will likely face lawsuits due to their negligent actions causing injuries. They should have made sure that all the items met high standards before selling them to customers – especially something as delicate as a child’s toy. When retailers fail to maintain their legal safety requirements, there is no excuse not to hold them responsible.
The Seller / Store / Retailer
The seller is the entity responsible for placing the defective goods into the stream of commerce. Retailers should have thorough knowledge about their products before selling them. It’s important that they follow all the guidelines set forth by regulatory agencies. A seller may be liable for damages if it can be shown that they knew about the defective nature of their product – and failed to warn customers who ended up getting injured or killed as a result of using the item.
Once again there is a possible downside in the scenario: The seller is often protected by “seller beware” rules meaning they assume little responsibility for products sold on their premises unless there is clear evidence showing them otherwise.
A reseller is someone who resells another company’s product after it has been repaired. They can also be referred to as secondary market distributors, wholesalers and retailers of used goods. They buy from the original manufacturer or an authorized dealer and then sell to consumers at a discount price.
The reseller may not have any knowledge that there was anything wrong with the product when they purchased it. This is because oftentimes this information isn’t disclosed to them by the seller. However, if they knew it was defective, you could hold them liable for your injuries under products liability law. This means that despite purchasing already-manufactured goods if they come with defects that cause you to be injured, the reseller is still liable.
The Manufacturer’s Representative or Sales Agent
What about sales agents and representatives who work for manufacturers? They are considered resellers in product liability law; meaning that if you were injured by their negligent behavior, you would be able to sue them under products liability law. As long as there is some kind of payment involved (even if it’s just expenses), the person working with these kinds of manufacturers will fall under reseller rules. Consequently, you can still hold them accountable for injuries caused by defective items. However, they aren’t always classed as resellers: sometimes agents working on commission don’t fit into this category.
Under certain circumstances, you may also be able to hold any number of parties involved in supplying components and parts accountable as well, depending on where those items were manufactured.
If you are injured, contact an experienced personal injury attorney who will review your case and determine whether or not there is liability to other entities in this chain (manufacturers, wholesalers etc). With the help of a qualified legal professional, you may be able to receive a financial settlement and the satisfaction that justice has been served.