If you’ve been injured by a defective or damaged product, you deserve compensation. Here’s how to determine whether or not the product is defective, how to determine liability in the situation, and how you can sue for it.
Types of product defects
There are three ways a product is considered damaged or defective. These include:
- Defects in the actual design of the product
- Manufacturing defects during the construction or assembly of the product
- Marketing defects from insufficient or inaccurate warnings or instructions
Additionally, it may be a part used within the product that’s defective, so that if a different, undamaged piece had been used, the product is likely to have worked effectively without danger.
Because of this, the product’s stops in the chain of distribution should be added to the lawsuit. All the companies might be held responsible, or only one. Federal product liability laws are virtually nonexistent, which means each state is responsible for their own laws.
Most states follow “strict liability,” which means that you don’t have to prove someone in the chain of command was negligent. This makes recovery easier in damaged product injury cases. Moreover, the concept of “joint and several liability” may apply in some cases in tort actions in Missouri. This means that when a lawsuit is brought against multiple defendants, they’re all responsible for compensation. If one of the parties is unable to provide it, the company most able to make up the difference must do so, assuming they’re ruled at least 51% responsible.
Who’s liable if I’m injured by a defective product?
Because of the legal concepts involved, including all of the parties in the chain of distribution, is essential. Only one may be ultimately held responsible, but they might potentially all be. And again, a more complete list provides a higher likelihood of recovering damages. Beginning to investigate the parties involved in this is a great step to take to feel like you’re actually doing something following an injury.
Can a retailer be held liable for defective products?
Yes, they can. They may not have been directly responsible for the creation of a defective product, but they’re still responsible for giving to manufacturers. Your chain of distribution should include the retailer, any distributors or wholesalers, and the manufacturer at the beginning of the product’s history.
Furthermore, if the defective product is a small part of a larger product (such as the battery in something electronic), both the manufacturer of the battery and the product it powered are in your chain of distribution. This is also not limited to those companies or people strictly within your state or even the United States.
Can you sue a complaint for a defective product?
Yes, you can sue a complaint for a defective product — if you’ve actually been injured by it. You don’t have to be the person who purchased or even used it, and it doesn’t have to be a first-hand purchase. However, if you only suspect it would have caused harm, or even if you absolutely know it would’ve, you can’t sue. It’s use must have resulted in an injury or other damage.
When it comes to being a buyer of the product versus using it or being a bystander, most states allow for all of these individuals to seek compensation for injury. Generally, you might have to be someone who could reasonably be assumed to have access to or use of the product. You can also sue for injury resulting from goods bought second hand, although this is usually when the item was purchased from a store selling those particular items.
For more information
If you’ve been injured by a damaged or defective product, a product liability attorney can help get the compensation you deserve. Contact Missouri Injury Recovery today at (866) 523-3874, or submit this form to know what your case is worth.
