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Who Is Responsible for a Defective or Faulty Product?

Jun 25, 2021 | Defective Product

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The entity responsible for a defective or faulty product will vary based on the circumstances of the defect. Many different parties could be involved due to the complicated supply chain distribution process that takes place for most products to make it to the shelves for consumers to purchase.

To help you prepare for your defective product consultation with an attorney, we’ll explain the possible responsible parties, types of defective products, and damages you can pursue in these cases.

Possible Responsible Parties for Defective Products

The first requirement for a defective product case is that the product must be sold in the marketplace. You don’t necessarily have to be the person who purchased the product to be able to pursue damages for injuries for the defective product.

For example, if you borrow a friend’s car that a mechanic just installed a faulty part on that causes a car accident, you could still pursue damages even though it wasn’t your car and you didn’t pay for the maintenance.

The only criteria for a defective product case is that the product was sold to someone – not necessarily the person who suffered injuries as a result of the defect.

Getting to the bottom of who is at fault for your injuries in a defective product case takes great expertise. That’s why you must hire an attorney to help you investigate and pursue a lawsuit.

Here’s a look at the potential at-fault parties in a defective product case.

  • Engineer who designed the product
  • Product manufacturer
  • Manufacturer of components inside the defective product
  • The facility that assembles the product
  • The company that installs the product
  • The wholesaler
  • Retail store that marketed and sold the product directly to the consumer

In some cases, more than one party might be at fault for the defective product. For example, once a manufacturer issues a recall on a product, the wholesalers, distributors, and retail stores should remove it from distribution. Failing to do so quickly could mean that they become a liable party in the case.

Types of Defective Products

Three different types of defects could harm a consumer. They include:

  1. Design defects: some products have inherent design flaws that make them unsafe. This means that from the very beginning, these products would not be safe for consumer use.
  2. Manufacturing defects: while the design might be safe and effective, something goes wrong in manufacturing and the manufacturer fails to catch the defect before sending the product for distribution.
  3. Marketing defects: the use cases or how a product is labeled is wrong or fails to provide proper safety warnings. Additionally, some products lack sufficient instructions for use to make them safe and effective.

Damages You Can Pursue for Defective Products

You can pursue both economic and non-economic damages for a defective product that causes you an injury. These damages include the following:

  • Medical expenses
  • Lost income
  • Property damage
  • Pain and suffering
  • Emotional distress

Victims of defective product injuries should contact Stewart & Stewart for a free consultation. We’ll provide legal counsel and ensure you don’t suffer long-term financial damages due to a company’s negligence.

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