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Who Is Usually Targeted in a Product Liability Lawsuit?

Published on Aug 14, 2020 at 2:06 pm in Product Liability.

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When a product that was marketed to you as safe, or that you thought was safe, ends up harming you in unexpected ways, then you could have a product liability claim. Product manufacturers are responsible for testing their product to ensure that it is safe in the way that it is intended to be used. If those products are not properly tested, they are falsely advertised, or a batch was changed from someone’s negligence, then the product could cause serious harm, or result in a fatality.

When you’ve been harmed by a defective product of any kind by using it the way it was intended, then you could be eligible to file a product liability lawsuit with the manufacturer or whoever was at fault for the defect. By talking to a Charleston product liability lawyer from DiPiero Simmons McGinley & Bastress, PLLC, you can figure out who you should hold responsible for your damages. Let’s take a look at who is usually targeted in a product liability lawsuit so you can understand who your claim might be against.

Who Is Responsible in a Product Liability Claim?

When filing a product liability claim, there are many different parties who could be responsible for the damages you endured. Your product liability lawyer will conduct a full interview into your claim to determine who is liable. You may think that the responsible party will be just a single person, but actually, it could be a group of people or an entity whose negligence caused the product defect. Here are some of the different groups who could be responsible for your injury:

  • Sellers
  • Stores
  • Distributors
  • Companies
  • Product manufacturers

It’s important to remember that your product liability case can be brought against more than one of these groups. If the product is comprised of many parts, more than one product manufacturer could be at fault if some of the parts are produced by different groups. Then, if the distributor, store, and seller all knowingly sell a faulty product, then they could be held liable as well.

For example, if a medical device, like a stent, was poorly made because the manufacturer was negligent, and after your doctor inserted your stent, you got a blood clot, that could be the result of a defective stent. Then you could file a claim for a defective medical device, which could fall under product liability, depending on your situation.

Why Are Companies Usually the Ones Targeted?

Since many different entities can be found at fault for a defective product, companies are usually the ones who take the blame. Companies typically oversee the entire process of creating a product, and are responsible for the design, manufacturing, testing, and distribution of the product, which makes them responsible for defects because they make every decision leading up to the sale of the product.

According to West Virginia code, the company could be found liable because they did not properly label the product for use, didn’t provide proper instructions, knowingly distributed a defective product, or the product was not properly assembled and still sold. There are many other reasons that a company could be liable for their defective product causing you harm, and your product liability lawyer can help you determine exactly what the company did wrong so that you can get justice for their negligence.

Our Charleston Product Liability Lawyer Is Here for You

Whether it was a vehicle part, toy, medical device, or drug that was defective and injured you when you used it as intended, you shouldn’t have to suffer from the financial consequences. The negligent party or parties responsible for the product being defective should be held accountable for their actions that led to your injury.

Our product liability lawyer at DiPiero Simmons McGinley & Bastress, PLLC knows how complicated this situation can be, and will help you figure out who to target in your claim. It could be just one person, a whole company, or multiple entities—regardless of how many people are involved, we will make sure that you get the justice you deserve. Reach out to us today so we can discuss your potential claim and start seeking compensation for your injuries.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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