As a consumer, you know that products being sold in the marketplace should have passed quality standards for them to be considered safe for public use. However, that is not always the case. Reports pertaining to dangerous or defective products that have caused injuries to consumers often appear in the news. Such cases should never happen. When someone has sustained injuries or died as a result of using a defective product, the question of who can be held responsible is likely to arise.
Generally, defective or dangerous products are governed by product liability laws, which mean that manufacturers or sellers of such products can be held responsible for distributing dangerous products to consumers. Compared with other types of injury laws, consumers may find it easier to recover damages in product liability claims. There are no federal laws governing product liability claims, only state laws. Under the theories of breach of warranty, strict liability and negligence, you may be entitled to awards and damages in case you were injured after using a defective product.
Who can be named as defendants in products liability lawsuits? Aside from product manufacturer, which is probably the most common, you may name the manufacturer of component parts, a party that installs or assembles the product as well as the wholesaler and retail store where you bought the defective item as defendants in your product liability lawsuit. Naming as many defendants as is warranted can increase the chances of receiving higher compensation in the lawsuit.
Product liability lawsuits can be complicated, depending on your case. Fortunately, you may speak with a legal professional who handles product liability claims and learn more about the legal process.
Source: Findlaw.com, "What is product liability?," accessed on Sep. 14, 2014