Who Might Be Liable for Defective Product Injuries?

According to CNBC, the Consumer Product Safety Commission (CPSC) recalls up to 400 different products annually. Other federal agencies that oversee hundreds of recalls every year include the Food and Drug Administration (FDA), the U.S. Department of Agriculture (USDA), and the National Highway Traffic Safety Administration (NHTSA).

All told, these agencies pull millions of items from the market. In 2017 alone, the USDA issued 131 recalls that applied to more than 20 million pounds of consumables.

Despite these agencies’ best efforts to protect consumers, defective products that have the potential to cause serious injuries or death still hit the market. Fortunately, individuals who end up sustaining injuries caused by defective or contaminated products may be able to recover compensation for the damages they incur, such as:

• Past and future healthcare expenses;
• Lost income;
• Loss of earning capacity;
• Other objectively verifiable losses resulting from the injuries;
• Mental anguish; and
• Pain and suffering.

Depending on the source of the defect, claimants in product liability cases may be able to name the party or parties that designed, manufactured, distributed, marketed, or sold the item that caused their injuries.

Determining Fault in a Product Liability Claim 

Determining liability can be complicated after suffering an injury due to a product defect. Your personal injury attorney will have to perform a comprehensive investigation and evaluate how each potentially liable party may have contributed to your injuries. At the end of the day, anyone on the chain of distribution could be liable for a product defect.

For example, if the product has an inherent design flaw, the company that designed the product may be liable for your damages. If the product had an adequate design but a defect arose during production, the manufacturer might be liable for your damages.

If the product itself was not defective but the instruction manual was inaccurate or unclear, you may have grounds for a claim against the parties who packaged or marketed the product. Retailers can also be liable if they transport or store a product inadequately, resulting in a dangerous defect.

Discuss Your Case with a St. Cloud Product Liability Lawyer Today! 

If you or someone in your family was seriously injured while using a defective product, it is important that you hire an attorney who is willing to perform a comprehensive investigation into your case. The more evidence you have to prove liability and damages, the more likely it will be that your case will result in a fair settlement.

The St. Cloud injury lawyers at Bradshaw & Bryant will give you and your family the personalized attention that you deserve. We strive to combine the personal touch of a small practice with the resources and tenacity of a large law firm.

Our legal team is compassionate with clients yet aggressive against those who have wronged them. We represent injured parties throughout Golden Valley, Waite Park, and all of Minnesota. Call 320-259-5414 today or fill out our Contact Form to schedule a free case evaluation with a personal injury lawyer.