Who can be held liable for wrongful death from a defective product?
Miley Legal Group
The relatives of an individual who died after using a defective product are entitled to pursue compensation for their damages. They can hold responsible certain entities who were involved in the manufacturing and distribution chain of the product.
The following are the various entities that plaintiffs may hold liable in a case of wrongful death:
- Manufacturer: It is worth noting that plaintiffs may hold the manufacturer of the whole product or that of a defective part responsible in a product liability case. Plaintiffs can hold manufacturers strictly liable for their products and the injuries they cause, meaning that they may not have to prove negligence, only that the consumer was using the product as intended and the product caused the consumer’s injuries.
- Distributor: Any wholesale dealer, supplier, and/or distributor who acted as the “middleman” between the manufacturer and the retailer can be held responsible in a product liability case.
- Retailer: Plaintiffs may also be able to hold a retailer of the defective product responsible in a product liability claim. This may be the case if the retailer altered the product or sold a recalled product.
Leave No Liable Party Out
All the defendants named are “jointly” and “severally” responsible to pay the damages. This means that even if one party is unable to pay its share of the damages, the others have to pool funds to ensure that the plaintiff receives the entire compensation amount. That is why it is critical that plaintiffs name all liable parties in the wrongful death claim.
Do you need professional legal help?
There are several legal complexities in the process of filing claims for wrongful death related to a defective product. The task of gathering the requisite evidence is also quite challenging. Seek the help of an attorney familiar with these cases. A lawyer at The Miley Legal Group can help; call us today at 304-931-4088.