Who to Sue during Defective Product Claims

defective productsHave you been a victim of a defective product? Do you wish to file a case to recover the damage you’ve incurred? If so, get to know the right people or companies to sue in the event of a defective product claim. However, be reminded that identifying all the parties liable for your injury is a complicated process. So you have to be resourceful and vigilant to ensure your full recovery for all the damages incurred.

Members of the Chain of Distribution

Keep in mind that you should always include all the parties in the ‘chain of distribution’. This means that you start from the manufacturer to the distributors of the product that you bought. Here are some information that you might find useful about the entities that you should look for.

Manufacturer. The manufacturer of the product is always at the beginning of the chain. They vary in size – some may be big companies and others may be individuals working from their garage. If in any case you’ll be dealing with a big company, you should include the manufacturer of the defective part and the manufacturer of the whole product. In fact, you can include everyone from design to marketing if you believe that they are potentially connected to the defect.

Retailer. The retailer may not be responsible for producing the defective product but he or she still has a role to play in your injury for selling it. Always remember that all the parties involved in the ‘chain of distribution’ should be included in your lawsuit.

Wholesaler or Distributor. In between the manufacturer and the retailer, there are many other parties involved such as the wholesalers and distributors. They are what they call ‘middle men’, but are still significant members of the ‘chain of distribution. They are also liable for your injury and should be included in your lawsuit.

Dealing with Foreign Defendants

In some cases, you may have to deal with foreign businesses as your defendants. However, this reason should not hinder you from pursuing a case against them. Take comfort in the fact that doing business in the country subjects the company to the jurisdiction of the courts where it is located.  

Dealing with Corporation Defendants

All of the parties included in the ‘chain of distribution’ may be corporations. The liability law states that corporations are considered as persons and will be held responsible if proven guilty. However, corporations may change shape, form and size especially if merging with other organizations takes place. The successor will always take responsibility for the predecessor’s participation in distributing such defective products.

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