Who Can Be Held Liable For Product Liability?

The list of potential defendants in a product liability lawsuit can be far broader than you think. An experienced product liability attorney can help you determine who was to blame for what happened, and they can fight for you to receive full and fair compensation.

The product liability lawyers at Nix Patterson have a demonstrated track record in holding corporate defendants responsible for the harm they have caused consumers. We will leave no stone unturned in the pursuit of justice and accountability on your behalf.

What Is Product Liability Law?

When you purchase a product, you are placing your trust in both the seller and manufacturer. They owe you certain duties when they put their own product out into the marketplace. When something that they have sold you injures you, there is a legal right to full recourse and compensation.

Product liability is the body of law that allows you to hold someone accountable for the injuries that you have suffered. It protects you as a consumer from someone else’s harmful actions. Manufacturers and sellers cannot get away with profiting off of defective products when it comes at your expense.

Product liability is a function of state law. Each state has largely similar statutes, and they rely on common law.  There is a wide body of case law that a court would rely on in deciding your case.

Understanding Defective Products

There are three main types of product defects that could entitle you to financial compensation:

• Design Defects: This defect occurs when the design is unreasonably dangerous, even if you use the product as it was intended.
• Manufacturing Defects: These defects happen when there is nothing wrong with the design, but something has gone awry in the manufacturing process which makes the product unreasonably dangerous.
• Marketing Defects: Here, the defendant knew or should have known that the product was dangerous, and they failed to take steps to correct the situation or warn the general public.

Your product liability attorney would likely include at least two of these theories in your case because it is in your best interest to file as expansive of a lawsuit as possible.

Parties Involved in Product Liability

Product liability law is extremely broad. The law operates under the theory that it is not your responsibility to figure out the exact proportion of blame that each party to your case bears. You are allowed to file a lawsuit against anyone who was involved in manufacturing or selling the product to you. Specifically, the law allows you to file a claim against anyone who was involved in the “stream of commerce.”

Most often, the manufacturer is the most common defendant in a product liability case. They are the ones who designed and manufactured the product, and they would be legally responsible for any defects. Oftentimes, manufacturers cut corners, and they may even know that the product that they are selling you is dangerous.

That said, the manufacturer is not the only one who you can hold accountable for your product liability injuries. A dealer or store may have sold you the product. Even though they are not connected to the defect itself, they are involved in the sales process that resulted in you purchasing the defective product. For example, you may have purchased a defective ladder at the Home Depot. Not only can you sue the manufacturer, but you could also name Home Depot as a defendant in the lawsuit.

All parties to your case are jointly and severally liable for your injuries. In other words, it is up to them or the courts to apportion liability between them. Each one would be responsible for paying the full amount of your damages if it comes to that.

It is your responsibility to name every defendant possible in your product liability lawsuit. A product liability attorney can review the facts of your case to determine who could potentially be responsible for your injuries. It is in your interest to name every defendant possible to the lawsuit to maximize your chances of obtaining compensation.

Theories of Liability

There are several ways that your product liability lawyer may attempt to prove that someone was responsible for your injuries. Chances are that your product liability attorney will not just focus on one theory of liability to prove your case. While the ideal scenario involves proving that there was a defect (which would mean that the defendant is strictly liable), there would also be several other legal theories that could entitle you to compensation.

Strict Liability

In most cases, you would argue that you are entitled to compensation under the theory of strict liability. When you prove that a product was defective, the burden of proof then shifts to the defendant to show why they should not be held liable. It does not matter that the manufacturer, or anyone else involved in the sales process, was as careful as they possibly could be in making or selling the product. The mere fact that the product was defective could put you in line for financial compensation.

Negligence

Your product liability attorney will seek compensation on as many grounds as possible. Even if you do not qualify for compensation on the grounds of strict liability, you may still be able to hold the defendant liable for negligence. The defendant owes you the duty of care when they manufacture a product that you use or they sell it to you. If they have failed to act reasonably under the circumstances in the manufacturer or design of the product, they can be held liable.

State Law Grounds

Each state also has its own common law that applies to the sale of goods. The seller is obligated to observe various warranties that they make, either explicitly or implicitly, when they sell you products. Your product liability attorney will also include breach of warranty as one of the grounds for compensation.

Defenses to Product Liability

Product liability cases have very high stakes because the defendant could be liable to many potential plaintiffs who have been injured by their products. Chances are that you are far from the only person who was hurt by a single product.  However, you can also expect that the defendant will do everything in their power to fight through a case tooth and nail, given the stakes for them.

Potential defenses to product liability lawsuits include:

• Statute of Limitations: Your time period to file a claim is limited understate law, and the defendant May argue that you filed a lawsuit too late.
• Improper Use of a Product: there may be allegations that you did not use the product properly, such as making alterations to it that made it more dangerous.
• Assumption of Risk: Some products are inherently dangerous, and the defendant may argue that buying them could have been enough for you to assume the risk.
• Due Care: the defendant may simply deny that they were negligent, and they may argue that they used due care in manufacturing or selling the product.

Our lawyers work to overcome these defenses to potentially get you compensation.

Damages in a Product Liability Lawsuit

If you win your case, the defendant must pay you enough to restore you to the position that you were in before their product harmed you. Of course, you cannot get your health back, so they must use money as a measurement of your damages. Defendants must pay you compensatory damages that include both the economic and non-economic harm that you have endured. For example, you can be paid for lost wages and medical expenses. In addition, you can also be compensated for things like pain and suffering, and emotional distress that you have experienced from your injuries.

In many cases, an angry jury would order that the defendant pay you punitive damages. These damages can greatly magnify the value of your case, and their mere specter may cause defendants to be much more willing and likely to settle your case. Punitive damages are often awarded in cases where there is a high degree of fault. For example, if your product liability attorney uncovers evidence that the defendant knowingly sold a product that they knew to be dangerous, you could be far more likely to receive punitive damages.

Your product liability attorney will review your case to estimate your damages, and they will fight for you to get everything that you deserve in a settlement or jury award.

How a Product Liability Attorney Can Help You

Product liability cases are incredibly complex. You are dealing with one or more corporate defendants who have large resources at their disposal. They will hire the best attorneys to mount the most vigorous defense possible because they know that your claim may be just the tip of the iceberg.

In addition, product liability cases rely on scientific data to help you prove that the item was defective. Your case is made largely on the strength of expert witness testimony and the evidence that your attorney is able to gather through the discovery process.

When you hire a product liability attorney for your case, they may perform the following critical tasks:

• Determine liability: Investigate your injury and help determine who may be responsible for it.
• Collect evidence: gather the proof that you would need to include with your initial claim so you can put your best legal foot forward possible.
• Review damages: Estimate the amount of your damages so you know how much to seek in financial compensation.
• File a lawsuit: Draft the complaint that begins the legal process.
• Work with expert witnesses: Select and collaborate with expert Witnesses who will give their opinion about whether the product was defective.
• Build your case: Gather evidence from the defendant in the Discovery phase of the lawsuit.
• Negotiate a settlement: Discuss a potential settlement with the defendant that will compensate you for your injuries.
• Trial: Try your case in court if you cannot reach a settlement.

Your product liability lawyer performs many valuable tasks in your case, and it is essential that you hire one as soon as possible.

Contact a Product Liability Attorney Today

To learn who may be responsible for your injuries — and to seek financial compensation for them — reach out to the experienced product liability lawyers at Nix Patterson today. You can schedule a free initial consultation with one of our product liability lawyers by calling us today at 512-328-5333 or reaching out online. And remember, you won’t pay anything unless we win.