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Identifying The Defendants In A Product Liability Claim

by | Feb 7, 2015 | Lawyer

Defendants identified in a product’s liability claim include, but are not limited to, the manufacturer, the supplier, and the retail store owner. Each of these individuals is included in the claim since they represent the chain of possession prior to the purchase of the product. It is through an investigation that it is determined which of these defendants is liable for the injuries that occurred.

Understanding Negligence and Strict Liability

With a Product Liability Claim, the victim must identify a flaw in the design or assembly of the product which caused their injuries. The packaging of for the product must additionally lack the warning labels which alert the consumer to conditions which could cause harm. In these instances, the victim must have proof that they followed the use instructions as well.

Negligence in these cases indicates that the manufacturer had previous knowledge of the risks associated with the product. This implies that they were negligent by releasing an unsafe product on the market without concern of probable injuries. When negligence is identified, the manufacturer is liable for all injuries sustained by consumers. It is at this point that the Consumer Rights Protection Agency could take action.

When the Supplier is Liable

Suppliers and distributors are required to inspect the products received from the manufacturer for quality. These inspections include evaluating the way in which the items work and determining if there are any structural issues. If it is determined that the product was damaged as it was transported by the supplier, these individuals are deemed liable and share the fault.

Is the Retailer Accountable?

As the chain of possession progresses, all parties sign an invoice determining if the product was damaged. If the retailer signs the invoice without inspecting the quality of the product, they are identified as an at-fault party in a lawsuit. The reason for this is that didn’t take the time to establish the safety of the product before selling it to customers.

A Product Liability Claim is the first step to identifying which party is actually at fault for the victim’s injury. When the chain of possession indicates that more than one party could be responsible, these circumstances are investigated fully. If you were injured while using a product you purchased, contact the Brian D Nettles Law Offices today.



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