Product Liability: Chain Of Distribution
Under product liability law, manufacturers, distributors, suppliers, retailers, and others who make products available to the public hold responsibility for the injuries those products cause. If you believe you have been injured because of a defective product, then you may have grounds for a lawsuit to recover damages for your injuries, including lost wages. However, the first step in your pursuit is to identify the persons and companies you believe are responsible.
Identifying the potential liable parties can be complicated, but is an essential step in your legal process. You will want to name all parties in the chain of distribution, including the manufacturer, distributor, and retailer. In cases of manufacturer, be sure to include both the actual creator of the part that caused injury as well as the overall manufacturer of the product, if a different company. For example, a defective battery in a new car may be manufactured by a different company than the car manufacturer. In such a case, you would include both the car manufacturer and the manufacturer of the battery in your list of potential liable parties. Depending upon the situation, you may also include quality-control engineers, technical experts, or design consultants.
The retailer may also be a potential liable party. Any party involved in the chain of distribution should be named in your lawsuit. This includes even those situations in which you may not be the original purchaser of the product, you may be purchasing a used product, or you may be injured by someone else using the product. Wholesalers, suppliers, and distributors are part of the chain of distribution of the defective product, are potentially liable, and should be named as defendants in your defective product lawsuit.
An advantage to naming many potential defendants is the legal doctrine of “joint and several” liability. The essence of this doctrine is that each and every defendant is liable both together and separately for the awarded damages. If one of the defendants in your case is unable to pay up for any reason, the others have to pick up the tab. This ensures you get the compensation you deserve.
Product liability cases are complex. Even the first step of identifying potential defendants requires diligence and expertise. If you have a product liability case, it is recommended that you work with an experienced law firm to pursue your case.
Source:NOLO
