Who is Responsible for a Defective Product?

Most of the products we buy are safe. Some, however, are carelessly made or improperly designed. Poorly designed or manufactured vehicles can be dangerous, and can cause serious injury or death. An experienced products liability attorney is a necessity if you find yourself in this daunting situation.

Responsibility for Defective Products

The rules on who is responsible for a defective product, and what must be proven in court to hold them liable, vary from state to state. In most states, the parties who may held liable include:

• The manufacturer
• The designer
• The manufacturer of component parts
• Someone who modified the product
• The wholesaler
• The dealer or retail seller

Laws in some states provide that a retail seller or wholesaler may not be held liable for a defective product unless the product was manufactured to the seller's or wholesaler's specifications, or unless the seller or wholesaler modified the product in some way.

A party may be held liable for a defective product for several different reasons. The three most common reasons for holding someone liable are breach of warranty, negligence, and strict liability. An experienced products liability attorney will advise you about the rules that apply in your state.

The manufacturer or seller of a product will be liable for breach of warranty if the product is not fit or safe to be operated as intended. A breach of warranty may occur if there was an error in the design of the product, if it was put together poorly, or if the components installed on the or used in the assembly of the product did not perform properly.

A manufacturer or seller may be liable for negligence if the product was not manufactured according to specifications, if it contained a design defect, or if the installed components were inadequate. Negligence may also apply if a product was marketed improperly (for example, if an advertisement shows a product being used in an unsafe manner).

Strict liability does not require an injured party to show negligence on the part of anyone. The injured party must show only that the product was unsafe.

Conclusion

Lawsuits for injuries caused by defective products are very complicated. Such actions require not only a thorough knowledge of all the rules and laws that apply, but also requires a detailed understanding of the technical, engineering, and scientific principles that go into the manufacture and marketing of a product. If you have been injured by a defective product, you need top-quality legal assistance. An experienced products liability attorney has the legal and technical skills necessary to pursue your case and to see that you receive fair compensation.

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