When injured by defective products, the natural inclination is to submit an injury claim against the manufacturer. However, there may be other parties responsible for your injuries such as the product designer and distributor such as the retailer. It all depends on the nature of the defect, and whose negligence led to your injuries. If you are targeting the distributors, then you should know that you can name the retailer even if you:
Weren't the Products Buyer
If you are injured by a defective product, you may be able to recover compensation even if you weren't the one who purchased it from the retailer. Consider a situation in which your mother gives you a topical ointment intended for sore muscle relief, and it turns causes you chemical burns. In this case, you can file a defective product liability claim even if you weren't the one who bought it at the drugstore.
What matters is that you were using the product as intended by the manufacturer, and you got injured in the process. For example, you may not have a claim if you ingest the topical ointment even if it makes you very sick because it wasn't intended for internal use.
Didn't Use the Product Directly
You may still have a valid claim if the defective product injured you indirectly or via a third party. In fact, if it injures both you and the other party, both of you can still file personal injury claims.
Suppose that your mother buys and uses the defective ointment. Also, suppose that you also come into contact with the drug when you hug your mother, and both of you develop chemical burns. Clearly, both of you have been injured by a defective product, and you can both file product liability claims.
Bought a Used Version of the Product
Even a retailer of used products may be held accountable for defective product liability. In this case, other factors such as the nature of the defect and your state's laws also come into play. For example, in the past, retailers of used products were exempt from product liability claims. Therefore, you need to confirm that your state has enacted the relevant laws to dealing with such cases.
An attorney consultation will help you to identify those who are liable for your injuries. Targeting the wrong parties may result in your claim getting dismissed, and not naming every responsible party will diminish your potential recovery. This is why you shouldn't submit a demand letter.
Talk to experts like James Lee Katz for more information.
Share17 April 2015
When I was a child, my father was the pastor of a small evangelical church in my hometown. I always enjoyed going to church in order to play with my friends. One of these friends suffered a horrific accident at a local gas station one day. As he was walking towards the entrance to the gas station, he was struck by a vehicle. His leg was seriously injured during the accident. To help with the expenses of recovery, his father hired an accident and personal injury attorney. This professional helped my friend’s father sue the person who struck his son. On this blog, you will discover the advantages of hiring an accident and personal injury attorney after incurring injuries from a devastating accident.