Product Liability: Should I Sue The Seller Or Manufacturer?
At some point, you must have purchased a defective product. Sometimes, it may be easier just to let it go and get a new one. But it's sometimes best to return if the product is expensive. But what if the item is so defective that it causes you harm, such as severe skin disease from a skincare product? That's product liability, and Atlanta offers you the right to sue.
Now, here's the question: should you sue the seller or the manufacturer of the defective product?
You can sue the manufacturer if a defective product causes you injury due to the defect. You may be awarded compensation for your injuries if your claim is legitimate, which would deter the company from continuing production. We certainly don't want more defective products out there.
How to identify when you have a product liability claim
Manufacturers are legally obligated to obey best practices during manufacturing to ensure consumer safety. The obligation may include using FDA-approved standards and testing the product before releasing it into the market. So when they produce a defective product due to negligence, they have breached their duty to you, the consumer. For example, a company is negligent when they cut corners (e.g., neglecting proper tests or high-quality raw materials) to market faster. When that negligence leads to consumer injury, they can be sued for product liability under personal injury law.
There are different types of product liability cases, so you should identify where yours falls into:
Design defect
When there's a problem with the design of a product, it may lead to injury when used. For instance, poorly designed brakes leading to an accident or a chair with a bad leg. That could have been avoided if it had been properly designed and tested.
Manufacturing defect
A manufacturing defect is when an error occurs during the manufacturing process that was not intended, causing the product not to work properly. Examples include erroneously assembling materials, forgetting to include a component, using the wrong parts, etc.
Marketing defect
There is a marketing defect when there's an error in the product's labeling, packaging, warning, or marketing. For example, not warning that an item is unsafe for children.
If your injury falls among any of the above causes, you may file a personal injury lawsuit against the manufacturer. It's advisable to speak with an Atlanta Personal Injury law group since you'll need legal help proving your case in court.
You can't sue the seller for a defective product as long as they aren't responsible for its design, packaging, or labeling.
Essential elements to prove a product liability claim
Before the court can award you financial compensation for the injury, your personal injury lawyer must prove three points:
That the product indeed was defective;
That your accident was due to the defect;
You suffered injuries or specific losses due to that accident.
Your lawyer will discuss with you to ensure you have a solid case comprising these points before going to court.
Final thoughts
While it may seem easier just to nurse your injuries and heal, suing can sometimes serve a greater good. Your case can prevent someone else from using that product, which could harm them or even cause death. Furthermore, the defective product will be discontinued. So it's not just about the money.