Products liability represents a class of personal injuries. Specifically, these types of cases involve a person who is injured because of a defective product. An element associated with products liability cases, and associated personal injuries, is determining who bears responsibility for compensating the injured individuals. Spencer Farris, personal injury lawyer in Missouri, explains what and who is responsible for defective product cases. Manufacturer's Liability
Commonly, the manufacturer of a defective product is financially responsible for injuries sustained to an individual because of the product's flaw. The liability or responsibility of the manufacturer for compensating an injured person typically arises for one of two possible reasons. (In some cases, both of these underlying factors are found to exist.)
First, a manufacturer becomes liable for injuries sustained to a person because of a problem that occurs in the manufacturing process itself. Second, a manufacturer becomes liable if there is a design defect in the product.
Designers and Others Involved in the Product Creation Process
In this day and age, due to outsourcing and other considerations, elements of the design (and even manufacturing process) are not all undertaken under the umbrella of the actual product manufacturer. For example, another company many be engaged to actually design the product that proves to be defective, causing injuries.
If a design defect is determined to be the likely cause of a product related problem that causes injuries, the company (or individual, as the case may be) that designed the product will share in the liability or responsibility for the injuries. For example, if an "outside entity" designed the product that was manufactured by a different company, both enterprises potentially can be held responsible for the damages and injuries sustained as a result of the product defect.
Similarly, if a product includes individual parts manufactured by different companies that are assembled by another enterprise, the manufacturer of a specific part that proves to be defective, together with the entity that assembled the final product (like an automobile) can both be held responsible for injuries sustained arising from a defective product.
If a design defect is determined to be the likely cause of a product related problem that causes injuries, the company (or individual, as the case may be) that designed the product will share in the liability or responsibility for the injuries. For example, if an "outside entity" designed the product that was manufactured by a different company, both enterprises potentially can be held responsible for the damages and injuries sustained as a result of the product defect.
Similarly, if a product includes individual parts manufactured by different companies that are assembled by another enterprise, the manufacturer of a specific part that proves to be defective, together with the entity that assembled the final product (like an automobile) can both be held responsible for injuries sustained arising from a defective product.
Retail Businesses
In some cases involving a defective product, a retailer that sold the item to a consumer can share in responsibility for any injuries sustained by that consumer. In other words, a consumer may be able to bring a claim or pursue a legal action against not only the manufacturer of the defective product by against the store or other retail entity that sold the product to that individual.
Other Intermediaries
A 21st century reality is that a number of different entities can be involved in bringing a product to market, from the manufacturer to a retailer. For example, a wholesaler and a shipping company may be involved in the process. If one of these intermediary entities cause a defect in the product, that business can be held responsible for injuries sustained by a consumer.
Final Analysis
Ultimately, in a typical products liability case, in which a person suffers personal injuries, a number of different parties (including a manufacturer and retailer) typically will be sought to be held responsible.
Spencer Farris is a personal injury lawyer experienced in product liability cases. Connect with The S.E. Law Firm on Facebook.