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Who to Sue in a Defective Product Liability Case

If you have suffered an injury while using a defective product, you should learn the basics of product liability. Being informed about this area of the law can also help you figure out who to sue and teach you about the role a product liability lawyer will play in your case.

Different Types of Product Liability Claims

The inside of a court room with oak wood walls and furnishingsThe manufacturers and distributors of any commercial product must guarantee that it won’t injure consumers. If you have been hurt by a defective product, you may be able to claim compensation with a defective product liability claim.

Defective product lawsuits fall under the jurisdiction of state courts. Your claim can allege that a product’s manufacturers or distributors are guilty of the following:

  • Negligence
  • Strict liability
  • Breach of warranty
  • Fraud

There are a few different categories of product defects, namely:

  • Design defects
  • Manufacturing defects
  • Marketing defects: Failing to provide a detailed description of the product’s proper use and the ways that it can be dangerous
  • Failure to warn: The American National Standards Institute (ANSI) details how warning labels on products should be designed and displayed.

Who Should You Sue?

Many product liability cases seem straightforward, but they rarely are. Identifying the liable party or parties is usually the most difficult part of filing these claims. This is where the input of an experienced product liability lawyer comes in handy.

Your lawyer will help you determine each responsible party to increase the chances of getting the compensation you deserve. In product liability cases, you can name multiple defendants by using what’s known as “joint and several liability.”

Some of the parties your lawyer may recommend for inclusion in the case are:

  • Manufacturers: The party that designs and builds the product. Your claim may also include the parties involved in marketing the product.
  • Wholesalers/distributors: The middlemen between the manufacturer and the retailer may be liable for bringing the defective product to market.
  • Retailers: Retailers may be liable for selling the defective product. Claims involving retailers often include other parties within the chain of distribution.

At Leav & Steinberg LLP, we have an experienced product liability team to handle claims in New York City and the rest of the Tri-state area. Our attorneys and support staff have the resources and expertise to identify every party involved in a defective product’s chain of distribution. When handling your case, we will answer all of your questions and seek out the compensation you need to cover medical costs, lost wages, and pain and suffering. If you or a loved one has suffered an injury due to a potentially defective product, request a free consultation by calling us at 212-766-5222.