In the pursuit of making profits, product makers often compromise your safety by failing to take adequate measures to make sure that the things that they produce and sell to the public are safe. If you or a family member has been injured as the result of a defective product, you have rights. In fact, both the manufacturer and the retail seller can be held accountable for your injuries. You don’t even have to show that they were careless or negligent. As long as your defective product lawyer can show that the item was unreasonably dangerous, you can hold the manufacturer accountable.
In order to establish liability in most personal injury cases, you must show that the person who caused your injuries acted carelessly or negligently. The rule with defective products is quite different. Under what is called the rule of strict product liability, manufacturers are strictly liable for defective products that they release into the market. That means that if you were injured as the result of a defective item, the manufacturer can be held responsible for your injuries regardless of whether they exercised reasonable care.
Even retail sellers can be held accountable under the rule of strict product liability. As long as you can show that the retailer was regularly engaged in the sale of the item that caused your injuries or loss, the retailer can be held accountable. But the retail seller must be regularly engaged in the sale of the product. So if you bought a defective item from a person you found on Craigslist, you likely will not be able to bring a strict product liability claim against them. You will be limited to bringing your claim against the manufacturer.
The distributor of the product that caused your injuries can also be held accountable. In order to hold a distributor accountable, your personal injury attorney will have to show that the distributor is regularly engaged in the distribution of the particular item that caused your injuries. In most cases, a manufacturer or retail seller will regularly use the same distributor, so it is likely that you will be able to find a distributor who is accountable for your injuries under the rule of strict product liability.
It does not matter if you were not the purchaser of the product. If you were given something as a gift or you borrowed it from someone to use temporarily, you can still bring a claim for strict liability against the manufacturer of the defective item, if the product was defective and the three parts of the rule of strict products liability are satisfied.