Who Can Be Held Liable for My Defective Product Injury?
Posted on behalf of Phillips Law Group on Jul 26, 2018 in Defective Products
As a consumer, you have access to a great number of products on a daily basis and expect these products to work as promised. However, dangerous and defective products can still be released on the market due to defects in design, manufacturing or marketing. If you or someone you love has been injured by a defective product, you may be entitled to compensation.
A licensed Phoenix defective product lawyer at Phillips Law Group can help review your claim. We can determine who may be held liable for your defective product injury and can assist you with every aspect of the process.
What Is Product Liability?
Product liability refers to a manufacturer or other party in the distribution chain being held liable for injuries caused by a defective product that was placed into the stream of commerce. Products are required to meet consumers’ ordinary expectations and should not harm consumers who are using the product in the way that it was intended to be used.
There are different types of product defects, including:
- Manufacturing defect – This is an error that arises during the manufacture or assembly of a product. Manufacturing defects occur when a batch of products are not made according to specifications, causing the product to be unsafe.
- Design defect – This occurs when there is something inherently dangerous about the product due to its design.
- Marketing defect – These are defects in how the product is marketed, such as improper labeling, insufficient instructions or inadequate safety warnings.
If you are injured by a defective product, you may be able to file a claim against various parties, such as manufacturers, retailers, suppliers, distributors or wholesalers. Any party in the distribution chain could potentially be held liable for a defective product injury.
A claim may be brought against the manufacturer of the individual component that caused an accident, such as a battery in a vehicle, and the whole product, such as the vehicle itself.
Even if the retailer did not manufacture a defective product, the retailer may sometimes be held responsible for selling a defective product. Typically, any party involved in the chain of distribution can potentially be named as a defendant in a defective product lawsuit.
Victims do not have to be the original buyer or user of the product in order to pursue a defective product claim against the retailer. For example, you may be able to sue a retailer for a defective product if your friend purchased the item and you borrowed it from him or her.
You may be able to sue other parties that are part of the chain of distribution, including distributors, suppliers, wholesalers of other. Since they are part of the chain of distribution, they may be held liable for harm that results.
How a Product Liability Attorney Can Help
A product liability attorney has experience in litigating these types of claims and is familiar with the proof that must be established. He or she can advance a legal strategy that is based on a specific theory of liability, such as strict liability or negligence. He or she can help gather and present evidence to establish the other party’s liability and the extent of your damages.
Product liability attorneys can also ensure that your case is brought within the two-year statute of limitations. Under this law, you must file a lawsuit within two years of when the injury occurred, or you lose the right to do so.
Contact a Product Liability Attorney
The product liability attorneys at Phillips Law Group can talk about your potential legal options if you are considering pursuing a defective product claim. These claims are often complex and require technical knowledge.
Our attorneys can help establish legal liability and pursue maximum compensation on your behalf. We provide a free initial consultation to discuss your legal options.