Personal Injury · Products Liability
Who Can Be Held Responsible for a Defective Product
Most people think of one company: the name on the box. But a product usually passes through many hands before it reaches you. Each one may matter to your claim.
The chain of distribution
A typical chain looks like this:
- Component maker. Makes a part, such as a battery cell, a switch, or a valve.
- Manufacturer. Designs the product and puts it together.
- Importer. Brings a foreign-made product into the United States.
- Distributor or wholesaler. Moves the product to sellers.
- Retailer. Sells it to the public, in a store or online.
The Florida jury instructions' notes speak to this chain. They say that in some cases a court may instruct the jury that "in addition to the designer and manufacturer, any distributor, importer, or seller in the chain of distribution is liable for injury caused by a defective product." Fla. Std. Jury Instr. (Civ.) 403.7, Note on Use 4.
That is a statement by the committee that writes the instructions. Whether a particular company can be held responsible depends on the facts and the law that applies.
The manufacturer
The company that made the product is the most common target. The instruction that lists who the negligence standard covers includes "designer," "manufacturer," "seller," "importer," "distributor," and "supplier." Fla. Std. Jury Instr. (Civ.) 403.9.
The seller or retailer
A store that sells a defective product can be part of a claim. Online sellers raise extra questions: who really sold the item, who shipped it, and where the real manufacturer is. Those are fact questions we would look into early.
The component maker
Sometimes the problem is one part inside a larger product. The finished product's maker may blame the part supplier. The part supplier may blame the maker's design. Both may need to be examined.
Foreign makers and missing companies
Many products are made overseas. The foreign maker can be hard to reach. In that case, the importer or distributor in the United States may become the key party. Also, some companies close, merge, or change names. We look at what happened to the company that made the product.
Do I need to have bought it?
Usually not. The committee notes say: "In general, plaintiffs are not required to prove privity to establish strict liability." Fla. Std. Jury Instr. (Civ.) 403.13, Note on Use 2.
And you do not have to be the user. The notes say: "Strict liability applies to all foreseeable bystanders." Fla. Std. Jury Instr. (Civ.) 403.7, Note on Use 2.
A guest, a passenger, a family member, or a person nearby can bring a claim when they are hurt.
When more than one party shares the blame
In a case with several defendants, the jury may be asked to assign a percentage of fault to each. Instruction 403.17 tells the jury what to do:
"if the greater weight of the evidence supports (claimant's) claim against one or [both] [more] of the defendants, then you should decide and write on the verdict form the percentage of the total fault of [both] [all] defendants that you apportion to each of them." Fla. Std. Jury Instr. (Civ.) 403.17.
The defense may also try to point at a person who is not in the case. See defenses.
This is one reason it matters to name the right parties.
Employers and workplace products
If you were hurt by a product at work, workers' compensation rules may also apply. You may still have a claim against the maker or seller of the product, who is not your employer. Ask a lawyer about both.
Government agencies
Claims involving a government body follow special notice rules and limits. Call us quickly so we can check which rules apply.
What you need to show
- The company was in the chain that designed, made, distributed, or sold the product.
- The product was defective, or the company was negligent.
- The defect or negligence caused your injury.
What to do now
- Keep the packaging, receipt, shipping label, and online order record. They show who made, imported, and sold it.
- Keep the product's model, lot, and serial numbers.
- Do not throw away the box.
- Photograph all labels, stickers, and "made in" markings.
- Call a lawyer before you contact any company.
Talk to us
Free consultation. Call (305) 209-0384. Answered 24/7. Se habla español.
This page is general information, not legal advice. Every case is different.