New York City Personal Injury Law Blog
Who to Sue in a Defective Product Liability Case
In 2004, 7% of all personal injury lawsuits were for product liability. The second-highest median damage awards in all personal injury cases are for product liability cases. Every year, the US Consumer Product Safety Commission recalls hundreds of products sold in the United States due to safety issues. According to agency’s statistics, defective consumers were the cause of 176 deaths and over 19,000 hospitalizations in 2007.
If you suffered an injury due to a defective product and are considering a lawsuit to recover for your injuries and damages, one of the first things that you will need to do is identify which people and companies might be liable for your injuries and name them as defendants in your claim.
Unfortunately, it can be quite complicated to identify all liable parties, depending on the product. But it is important to make sure that you get all potential defendants as it will help increase your chances of getting full recovery for your injuries. Your attorney will be able to help you determine which parties are responsible and should be named.
There is no federal product liability law. Product liability claims are typically based on state laws and they are presented under the theories of negligence, breach of warranty or strict liability. In addition, every state has a set of commercial statutes and these statutes are modeled on the Uniform Commercial Code. This code contains warranty rules that affect product liability.
Liability for the defect in a product could be rested with any party in the long chain of distribution of the product. These could be:
- The product manufacturer
- The company that manufactures component parts
- A party that installs or assembles the product
- The wholesaler
- The retail store that sold the product
For strict liability to apply, the product sale must be made in the regular course of the supplier’s business. Therefore, it is improbable that a person who sells a product at a garage sale will be liable in a product liability action.
When there are Foreign Defendants
When you are injured by a defective product, you may find that certain companies that are in the chain of distribution are foreign businesses or corporations. Typically, this will not prevent you from being able to sue them. This is because when a foreign company does business in the United States, they are rendered subject to the jurisdiction of the courts of the country where it does business.
If you or a loved one has been injured as a result of a defective product, you should immediately seek the help of an experienced personal injury lawyer at Rosenberg, Minc, Falloff,& Wolff of RMFW Law at 212 697 9280. You can discuss the facts of your case and find out how to obtain maximum compensation for all the damages with us. The first meeting is free.
Give us a call. Is your case viable? What do you have to say? We know how to build a solid case and we know what it takes to win in this legal arena. We look forward to hearing from you.