When you’ve been injured by a defective product in Clarksburg, there are generally three potential parties that may be liable in a defective product claim.
- The manufacturer
- The distributor
- The retailer
In some cases, all involved parties along the distribution chain will be named as defendants if you decide to file a suit.
Determining Negligence in Defective Product Case
Defective product claims, or product liability suits, can be based upon the concept of negligence. The entities that acted negligently or carelessly in regard to the defective product may be liable for any damages the product causes. However, a manufacturer is generally strictly liable for a defective product, even if it was not negligent.
Each case has unique elements and circumstances, so product liability cases generally have to be analyzed by an attorney to identify which party(ies) are at fault and should be named defendants.
In most cases, suing a retailer may only be an option if the company had knowledge that the product was defective and continued to sell it. For instance, let’s say a manufacturer stopped making a certain cleaning product because its fumes caused potential harm to consumers. A retailer knew about the manufacturer’s decision to cease making the product, and yet the retailer continued to sell the dangerous product on its shelves.
If a consumer was injured as a result of using the cleaning product, he/she may be able to sue the retailer, and perhaps the manufacturer, as well.
Get Legal Help for a Defective Product Claim in Clarksburg
It’s important to seek an attorney’s help in serious product liability cases because first, you want to ensure you sue the right party, and second, manufacturers and retailers have sizable legal teams working on their behalves, so you’ll need a lawyer of your own to go head-to-head and fight for your best interests.
For a free consult with a product liability attorney in Clarksburg, contact The Miley Legal Group today at 304-931-4088.