It is disappointing when you purchase a product and it does not adequately serve the purpose that you had initially hoped for. But what is by far worse is if a product has underlying defects or faults that lead you to getting injured and incurring losses. This is when legal action against the negligent party may be deemed appropriate. Read on to discover who may be held liable for a defective product and how a seasoned Washington, D.C. product liability lawyer at Simeone & Miller, LLP can help determine your eligibility for a claim.
Who may be held as the liable party for a defective product?
It is worth mentioning that the liable party for a defective product does not necessarily have to have caused the faults. Rather, this party may have simply contributed to this defective product’s presence in the market and ultimately its availability for consumers to purchase. Without further ado, the parties that are most commonly held liable in defective product claims are as follows:
- The designer of a defective product: this is true if the product’s design is inherently dangerous, even if it was properly manufactured.
- The manufacturer of a defective product: this is true if the manufacturing of a product, or batch of products, deviates from basic safety standards.
- The retailer of a defective product: this is true if a product is not taken off the shelves or from the inventory, even if a recall notice was promptly sent out.
Am I eligible to bring forward a product liability claim?
Subsequently, it is important to note that you do not have to have necessarily been the owner of the defective product to bring forward a product liability claim. That is, you may pursue such legal action by simply having used the product and soon after being injured by it. For example, you may have a case if you got injured after borrowing a defective product from a family member or friend. Or, you may also have a case if you got injured while in the presence of someone else using a defective product.
Particularly, your case is valid so long as you can prove that the product was being used in its intended manner. This may require a sufficient amount of evidence, such as photos of the defective product itself, testimonies made by present witnesses. and much more. Lastly, your incident must have occurred within the statute of limitations. In Washington, D.C., this deadline is typically enforced for three years.
So when it comes to your product liability claim, there is no question that a competent Washington, D.C. injury lawyer is the best fit for you. Please contact Simeone & Miller, LLP at your earliest possible convenience.