When a product liability case is filed, one of the main questions is: Who are the potential defendants? In simple words, who can be held legally responsible for the injury caused by a dangerous or defective product?
Based on the circumstances and facts of the case, there will be multiple parties that can be sued for product liability. You can get legal assistance from reputable ones, like product liability attorneys at The Bruning Law Firm.
The liable parties in a product liability lawsuit are:
- The distributor of the product
- Retailer who sold the product
- The manufacturer
- Marketers
- Product designer
The distributor of the product
The distributor who supplied the product to the retailer may be liable for product liability, even if the distributor did not design or manufacture the product.
The distributor will be held liable if they knew or should have known that the product was hazardous or defective, or if they failed to warn the retailer, user, or consumer of the product’s risks.
For instance, if a distributor supplies a drug that is contaminated and the distributor knew or should have known that the drug was unsafe, then the distributor will be sued for product liability by the consumer or the user who was harmed by the drug.
Retailer who sold the product
The retailer who sold the product to the consumer or user will be held accountable for product liability, even if they did not manufacture or design the product.
The retailer will be held liable if they knew or must have known that the product was dangerous or defective. The failure to warn the consumer of the risks also makes them a liable party.
For example, if a retailer sells a toy that includes lead paint and they know or must have known that the toy is dangerous. If a child suffers from an illness due to the lead in the toy, the retailer can be sued as they failed in their responsibility to warn about the dangers of the toy.
The manufacturer
The manufacturer who made the product will be held liable if the product was hazardous or defective due to a flaw in the manufacturing process.
A failure to follow proper quality control standards also makes the manufacturer a liable party if an accident happens.
Marketers
The marketers who advertised or promoted the product will be held liable if they make misleading or false claims about the product. Failure to disclose the product’s limitations or risks also makes the marketer a liable party if an accident happens.
The marketer can be sued for product liability by the user or consumer who was injured by the product through a misleading marketing campaign.
Product designer
The product designer who created the blueprint or design of the product will be liable for product liability because of the mistakes in the design. The designer can be held liable if the design was inherently unsafe or if the design did not account for misuses of the product or foreseeable uses.
For instance, assume a designer who creates a crib. The crib has a gap between the slats that can trap a baby’s head. The designer does not consider the possibility of this happening. They can be held liable if a baby manages to get their head stuck in the gap.
Final Thoughts
We believe our article has helped you learn about some of the potential defendants in a product liability lawsuit. It is necessary for consumers or users who have been harmed by an unsafe or defective product to consult an experienced product liability attorney. They can help them identify all the possible defendants and recover fair compensation.
