Potential Defendants in Products Liability Claims

After you are injured by a defective product in the state of West Virginia, you deserve compensation. Compensation received will help restore your finances from out-of-pocket medical expenses, lost wages, and the pain you experienced as a result of the incident. However, obtaining fair compensation is not a possibility without bringing a cause of action against any and all individuals responsible for your injury. Obtaining enough information to name all of the responsible defendants is not easy in any personal injury action. This is especially true in products liability claims. If you have been injured by a defective product, contact an experienced attorney at Colombo Law for assistance with your claim.

Naming Defendants in Your Case

Before placing a product on the market for sale, there are many individuals or companies that play a part in making the product for consumer use. If you want to maximize your possibility of recovery, you need an experienced products liability lawyer who can determine all the individuals responsible for making all or part of the product and whether their part of the process created the hazard that caused your injury.

Naming all of the defendants in your personal injury case matters because it has an effect on your total amount of recovery. Since West Virginia is a comparative negligence state, defendants can only be required to pay the percentage of money for which they were responsible. Therefore, only naming one of two or more potential defendants could severely limit your amount of recovery.

Any party who was in the product’s chain of distribution (had a role, no matter how big or small, in getting the product from manufacture to sale to consumer) may be responsible for your injury. Potential defendants in a products liability case are as follows:

  • Manufacturers: There may be several manufacturers for a product. Products often have many pieces that several companies provide. For instance, a microwave has all of the electrical equipment inside, glass, springs for buttons, light bulbs, and more. The company that manufactured the microwave may have received every part described above from different manufacturers. If a defect occurs within a microwave unit, every defendant who provided a part of the product can potentially be liable. For some products, a manufacturer could also include anyone who created a defect in the design of the product.
  • Wholesalers or Distributors: Wholesalers may also be responsible for your injuries. Not only are wholesalers in the chain of distribution, but they could be responsible if it is determined that there was improper storage or transportation of the goods that led to your injury.
  • Retailers: A retailer may also be held responsible for selling you a defective product. In most cases, a lawsuit is brought against anyone who made getting the product to you possible. Although a retailer may not have taken part in the product’s defect, the product was sold in their store, which is often the reason retailers are named in lawsuits.

Contact Colombo Law: Your Experienced Product Liability Lawyers

In most cases, products are designed and manufactured appropriately. Consumers then use these products every day without incident. Some examples include bicycles tables, chairs, toasters, light switches, and more. Products created for consumer use have transformed the human way of life. However, products malfunction for a variety of reasons causing severe injuries to users. Regardless of whether you were a purchaser or user of the product, our attorneys can help you obtain compensation. Colombo Law is a personal injury law firm focused on assisting victims who have suffered personal injuries in and around Morgantown, Fairmont, Clarksburg, Bridgeport, Kingwood, Grafton, Weston, Philippi, Buckhannon, Elkins, Parkersburg, as well as Monongalia County, Marion County, Harrison County, Preston County, Taylor County, and Lewis County. We look forward to assisting you with your claim.

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by Colombo Law
Last updated on - Originally published on