Who Can Be Held Liable in a Product Liability Lawsuit?

When a product that you use in your everyday life causes an injury, who can be held accountable?

The short answer is that it depends. Product liability lawsuits are meant to hold companies accountable for dangerous or defective products that result in physical harm. This helps protect consumers while also incentivizing manufacturers and sellers to prioritize safety.

Complications in determining liability arise when there are multiple parties involved in making, distributing, and selling the product, as each can be potentially liable for negligence or strict liability.

For help navigating product liability lawsuits, contact The Voorhies Law Firm at (504) 313-3102.

Who Is Liable for Injuries in Product Liability Lawsuits?

There are several parties that can be targeted in a product liability lawsuit, including the following:

Manufacturers: The company that makes the product from start to finish is typically the first to be targeted in product liability lawsuits. A manufacturer can be a large corporation, a small business, or even a single individual.
There are several types of defects that can result in liability, including a manufacturing defect, a defective design, or a failure to warn about potential risks associated with the product.
Even the manufacturer of a single component can be liable if a specific part was defective, and it led to an injury. For example, if a car’s brakes malfunction, and it turns out that the brake pads were defective, then the brake pad manufacturer could be subject to liability.
Distributors, Wholesalers, and Importers: As intermediaries between manufacturers and retailers, these companies have a duty to take reasonable caution to inspect and safely store and handle goods according to recognized safety standards. A failure to do this that results in a defective product reaching the stream of commerce could make them liable.
Retailers: A company that sells the product can also be held liable even if they are not involved in producing or modifying the product. Examples could include selling an expired or recalled product or failing to provide proper instructions or warnings supplied by the manufacturer.

Shared Product Liability

In many instances, more than one party can be liable simultaneously. For example, in the case of a defective toy, the toy designer, the factory, and the retailer could all be on the hook for financial damages.

If it turns out that more than one party is liable for an injury, then the law allows you to pursue compensation from multiple defendants, and how liability is apportioned is based on the specifics of your case.

Proving Product Liability

Proving that a company’s product is at fault for an injury requires establishing the following:

The product was defective when it left the defendant’s control
The defect was the actual cause of the injury or harm, and
The product was used as intended or in a reasonably foreseeable manner

Depending on the circumstances of your case, product liability lawsuits can involve a claim for negligence, strict liability, or breach of warranty.

Protecting Your Rights

As consumers, we need to be able to trust that the products we buy and use on a daily basis are safe and won’t cause undue injury. When this trust is breached and an injury results, it’s critical to understand your rights and begin building a case.

Working with a product liability attorney in New Orleans can help ensure that product liability laws are enforced, consumers are protected, and negligent companies are held accountable for their actions (or lack thereof).

Were You Injured by a Product? Call The Voorhies Law Firm Today

There’s no question that product liability lawsuits are complex, and multiple parties along the chain of distribution may be involved. From manufacturers to retailers, each link plays a vital role in ensuring product safety and consumer confidence.If you or a loved one has been injured by a defective product or a lack of an adequate warning, contact The Voorhies Law Firm at (504) 313-3102 for a free consultation or contact us online.

What Our Customers Are Saying...

"I was involved in a serious injury crash almost four years ago. I called the Voorhies Law Firm. Ms Jennifer Rust returned my call the same day and scheduled a meeting. The Voorhies Law Firm is definitely second to none and a " cut above". Ms. Rust..."

Ritchie S.
"BEST law firm in downtown of New Orleans. They handled my personal injury claim and did a fantastic job!! Kudos to Jennifer Rust, one of their attorneys there who helped me out so much!! I highly recommend this law firm if you are looking for a law..."

Linda F.
"They did an "excellent" job representing my elderly father. Client- Focused, Competent, Consistent and Relentless! I would highly recommend!"

R Jack
"I only had a consultation, but they were extremely helpful. He provided me with some steps I could do on my own prior to hiring an attorney, and provided a realistic expectation of what to expect if I chose to pursue litigation."

Baily J.
"Having first tried one of the major firms you see on billboards and TV after my accident, I quickly got the feeling as if I became just a number. It seemed like compensating themselves was a higher priority than my wellbeing after my accident. I..."

Reyna M.