Car Accidents Caused by Defective Parts: Who Should You Sue?

Any type of vehicle (or vehicle component) that is proven to be defective might result in a recall and cause owners of the vehicle some headaches. A defect in a vehicle may occasionally result in property damage or perhaps contribute to the cause of a car accident. In such a situation, the services of car accident attorneys are invaluable.

Vehicle Defects and “Product Liability”

When a defect in a part of the vehicle causes harm or injury, then the owner of the vehicle (or someone injured as a result of the defect) can file a lawsuit against the manufacturer and/or the seller of the vehicle.

These types of lawsuits are based out of a legal concept called “product liability” that aims to hold businesses, irrespective of the size, liable when:

• Their products are designed in an improper manner
• A mistake was made in the product’s manufacturing
• Customers were not appropriately advised of the risk involved with product usage

How to Identify the Possible Defendants?

When it comes to who can be held accountable in a defective product or “product liability” case, most state rules are essentially the same, with very few exceptions.

As part of a standard rule, you may want to consider all the parties that are involved in the chain of distribution of the product (the map includes everyone from manufacture to distribution to the customers). Let’s explore the common possibilities below:

Manufacturer

The manufacturer occupies the highest position in the chain. The manufacturer can be of different sizes from a small-scale garage to a multinational company.

Let’s assume the component at defect here is a part of a bigger product. In that case, you can sue both the manufacturer of the defective component and the manufacturer of the product itself.

Say for example, you have been injured by the exploding battery of a car. In such a case, you can file a vehicle defect claim against the manufacturer of the battery and the car as well.

Also include any other parties who may have contributed to the product’s design, manufacture, or marketing and those who could be connected to the flaw. This is especially important if those parties are independent of the manufacturer such as consultants or contractors.

Retailers

Retailers may be held accountable for selling you a defective product even though they undoubtedly did not manufacture the injury-causing product.

Remember that picking one defendant over another is not the issue, it’s rather a compulsory thing that every party engaged in the chain of distribution of the product must be named as the defendant in your lawsuit.

Additionally, it is also important to keep in mind the following conditions:

• You need not have bought the defective product directly but you still will be able to recover damages.
• Even if in case that the defective product that injured you, was used by someone else, you still will be able to file a product liability claim.
• Depending on the product, the type of defect, and the specific state legislation that applies to your case, you may still be able to sue the provider if you bought a used product from them and it turns out to be defective.

Distributor or Wholesaler

There may be an infinite number of wholesalers, suppliers, distributors, or other “middlemen” in between the manufacturer and the store. Each person who was involved in the defective product’s distribution chain could be held accountable.

How To Get Help with a Product Liability Claim

Finding all the parties, which are involved in the chain of distribution of a defective product can be an extremely confusing and complicated task. However, hiring a skilled and experienced lawyer could be a critical factor in figuring out the right strategy and achieving the best outcome.