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Product Liability: Who to Sue?


When a person is injured as a result of a product that is defective or whose design poses a danger, identifying all parties that may be liable for your injury is not always the easiest thing. Yet it is extremely important that each party responsible for that product's availability in the market place be identified because doing so increases your chances for full recovery of damages in a personal injury claim.

Essentially, all parties within the chain of distribution may be considered responsible for any injuries that product poses. So any person or entity that participates in getting the product from manufacture to distribution to consumers may be fair game when considering a defective products case.

Clearly, the obvious candidate when considering a personal injury lawsuit is the manufacturer. At the start of the chain of distribution, the manufacturer could range from an individual working out of their home office to a global company.

If the product in question is a large, complex product, you may need to identify the manufacturer of the defective component as well as the manufacturer of the whole product, which contains it. Say, for example, you purchase a mobile home and the home comes equipped with an oven that at some point explodes. Damages for any injuries resulting from the explosion may be sought from the manufacturer of the oven as well as the mobile home, along with any participants in the chain of distribution for the mobile home and defective oven.

In addition to the manufacturer(s), anyone potentially linked to the defect through participation in the chain of distribution may be identified as a defendant in a resulting defective products case. These include independent designer or design firms and outside contractors involved in the marketing, for instance, of the product in question.

For example, should your claim involves a defect in the product's design, you might include any design consultants involved in the product's development; if the claim involves a failure to warn or provide adequate instructions, you might include any consulting parties responsible for developing instructions for the product's use.

The distributor who brings the defective product to the retail space and the specific retailer who sells the product are other key parties that may be identified as defendants in a defective products claim. Though they are not the manufacturer, they are responsible for getting the products in the hands of the consumer.

Again, it's important to remember that selecting one defendant over another is not a goal in a defective products claim. Everyone involved in the chain of distribution of a defective product that causes you harm can be liable for damages.

It's important, when seeking damages in a defective products case, that you seek the counsel of an experienced personal injury attorney like the lawyers of Panio Law Offices. We can help identify all parties involved in the chain of distribution and manage filing your claim for you. And we have vast experience in winning millions in personal injury damages for our clients.

If you have any questions about a defective products claim or would like assistance in filing your claim, please call (708) 928-8680. We can help.

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