Bringing a Defective Product Liability Claim

Not all personal injury lawsuits stem from accidents. When a person suffers an injury because of a faulty product they used, they may be able to file a defective product liability claim to recover for their harms and losses (damages).

Types of Defective Product Claims

There are roughly three types of products liability lawsuits, including:

• Products that have been defectively manufactured in some way, usually because of a mistake made at the factory or at some point between the factory and the place where they were sold.
• A line of products that have been defectively designed, meaning that they are dangerous in some way, even though they were correctly manufactured.
• Defective marking claims, which involve a failure to provide adequate warnings or instructions regarding the proper use of a product.

Who Is Liable?

Liability for a defective product can lie with any of the parties involved in the chain of distribution, including:

• Manufacturers
• Retailers
• Suppliers
• Wholesalers
• Distributors
• Consultants
• Contractors
• Quality-control specialists
• Engineers
• Designers

Plaintiffs in product liability cases are encouraged to identify every potential defendant under the legal doctrine of joint and several liability, meaning that each and every defendant is liable both jointly (together) and severally (separately) for all the damages. If one of the defendants in the case is unable to pay the damages for any reason, the others have to pick up its share. Joint and several liability is designed to ensure that a plaintiff will recover and leaves the defendants to work out among themselves how much each should pay.

Because identifying all the potential defendants in a defective product case can be an extremely complex process, retaining the services of an attorney who is experienced in bringing product liability cases is usually a wise decision.