When the company sells a product, the company has a legal obligation to make sure the product is safe and effective. What happens if that very product injured you or a loved one?
Can you recover damages? Are you entitled to compensation for medical bills or lost wages?
The questions seem simple, but the answers can become difficult to answer without proper legal assistance.
Have you been injured by a defective product? Continue reading below to find out more about the steps you should take.
Seek Medical Attention
If you sustained any injuries, you should seek immediate medical attention. In order to recover damages for injuries, you need to have documented proof.
This is essential for a product liability claim.
Secure Evidence and Witness Statements
To support your case, you’ll need to secure evidence regarding the incident. You’ll want to have photos and videos of your injuries. Write down anything you can remember of the incident.
If there were any witnesses, you should gather their contact information. Your personal injury attorney will contact them to collect witness statements.
Identify the Parties Involved
Depending on the product, there may be more than one or even two parties involved in the chain of distribution. Each could be held liable for the defective product.
Within each part of the chain of distribution, there may be more than one defendant. Key components of the chain of distribution include the following:
The manufacturer is the first party in the chain of distribution. Some products may be an amalgamation of different parts made by different manufacturers.
Each manufacturer involves is liable for ensuring a product is of safe and effective design.
You may need to bring the lawsuit against a manufacturer of the part and the whole product.
The retailer is the party who sells the defective product. The retailer may be liable for injuries if they knowingly sell a dangerous product.
You do not need to be the direct buyer or the direct user.
Between the manufacturer and retailer may come a number of middlemen. This may include suppliers and distributors. Each may be liable for potential injuries.
Joint and Several Liability
When you file your lawsuit, you may wish to file against more than one party in the chain of distribution. The doctrine of joint and several liabilities reduces the risk for the plaintiff.
Each defendant may be liable both jointly and separately. Your attorney may do their best to find any corporate entities which may be liable for the defective product.
File Your Defective Product Lawsuit
Once you have all your necessary information, it’s time to file the lawsuit. You’ll need an experienced personal injury attorney to represent your defective product case.
Your attorney will help you identify liable parties and get the compensation you deserve.
Were you involved in an injury from a defective or dangerous product? Our product liability lawyers will fight for your right to compensation. Contact us today for your free consultation.