Who Is Eligible to Bring a Defective Product Claim?
If you have been injured by a defective product, you may be eligible to win financial recovery for your injuries as well as other costs, including punitive damages in some cases. Defective product injuries can come in many forms – from being injured by the side effects of a defective drug to injuries sustained from a defective automobile to being injured by a kitchen or other small appliance – but the general approach to who is eligible to bring and win a successful defective product lawsuit is often similar.
You Do Not Have to Have Purchased the Product to Win a Defective Product Claim
It is a misconception that a person has to have purchased a product in order to win a product liability lawsuit. The key determinations in a defective product lawsuit are that:
- a person was injured by the use of a product, even if they themselves were not using the product (i.e. a bystander injured by a toy drone that falls out of the sky);
- it was foreseeable that someone in the person’s position could be injured by a defective version of the product; and
- there was indeed a defect with the product (which could come in the form of a problem in the design of the product, an error in the manufacturing of the product, or insufficient instructions or warnings).
Thus, purchasers of a product can bring a product defect lawsuit, as well as friends, family members, and even bystanders, so long as it was foreseeable that they might have been injured by the product.
Who Can Be Sued as a Defendant in a Product Liability Lawsuit
The next question is then who can be sued in a defective product lawsuit. Basically any party in the distribution chain that the product went through can be sued in such a suit, so long as the defect was present when it was in that defendant’s possession. Thus, a manufacturer and a seller might be sued for a defective product, as well as wholesalers, distributors, and even manufacturers of specific defective parts in the product.
Speak to an experienced defective product attorney to learn what your options are in bringing a defective product lawsuit.
Experienced Defective Product Attorneys in the Inland Empire
At McCune Wright Arevalo, LLP our defective product attorneys have won millions of dollars in compensation for clients all across the country. We have taken on some of the most powerful defendants in the world to win large settlements and verdicts in defective product cases, including lawsuits involving defective automobiles, appliances, and medical devices and drugs. Contact us today to schedule a consultation with one of our experienced defective product attorneys.