what kind of lawyer do you get to sue for a faulty product

Full Answer

Can I sue a retailer for a defective product?

Any party involved in the chain of distribution should be named as a defendant in your lawsuit. When figuring out if you can sue the retailer, keep the following in mind: You don't have to be the buyer. Even if you were not the actual buyer of a defective product that caused you injury, you may still be able to recover.

Do I need a lawyer to prosecute a products liability case?

So, although you need to have suffered some type of injury, however small, to prosecute a products liability case, in reality you need to have suffered a relatively significant injury before it becomes worthwhile for you (or a lawyer) to expend the time and resources necessary to pursue the case.

What kind of lawyer do I need to sue a contractor?

What Kind of Lawyer Do I Need to Sue a Contractor? The moment you sign a contract with someone, you are in fact entering into a business agreement with them. Thus, the most common type of lawyer used to sue a contractor is a business law attorney.

How do I choose a defendant for a product lawsuit?

As a general rule, you want to look at all parties involved in the product's chain of distribution (the path that the product takes from manufacture to distribution to customers). Most possibilities are covered below (note that there may be more than one potential defendant within each category).

Can you sue a company for a faulty product?

A defective product is a consumer good that causes injury or illness and as such constitutes grounds for a lawsuit to recover damages. Someone harmed by a product defect has a right to take legal action to recover medical costs, loss of income and more. This legal action is often called a product liability claim.

What should you do if a product you purchased is defective?

As we've already discussed, if you notice a defect in something you recently purchased, your best option usually is to return it immediately to the retailer. Getting the seller to issue a refund or exchange is almost always more convenient than filing a claim under any manufacturer's express warranty.

Who can be liable for a defective product?

With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.

Can a retailer be held liable for defective products?

Retailers can be held liable in a defective products liability lawsuit if they knowingly sold a defective product or failed to move items that were recalled from their shelves and inventory. Retailers are usually the last link in the chain of distribution.

How do I sue a company for a product?

First, it must be proven that you used the product in the way that it was designed to be used and not for any other purpose. Second, it must be proven that the product was defective. Third, you must prove that you were injured. And lastly, it must be proven that the defect in the product caused your injuries.

Can a company refuse to refund a defective product?

In the U.S., there's no federal law that says merchants have to accept returns. However, retailers are required to provide a repair, exchange, or refund if a product is defective. And under the FTC's “cooling off” rule, you have the right to cancel some sales within three days of the purchase and get a full refund.

What legally makes a product defective?

A defective product can be defined as any product that is unreasonably dangerous when being used for its intended purpose, without any alterations or interference.

What are the three typical claims for a product liability case?

Though the range of defective product cases is broad, the claims typically fall into three categories of product liability: (1) defective manufacture; (2) defective design; or (3) failure to provide adequate warnings or instructions concerning the proper use of the product.

What is a defective product law?

A product is defective in design if it failed to perform as safely as an ordinary consumer would expect (or have a right to expect) when using the product in an intended or reasonably foreseeable manner. b. Plaintiff must prove the defect in the product caused plaintiff's injury.

Who is held responsible if your company manufactures a product that causes harm?

When a defective product causes injury, the manufacturer of the product, the distributor, the wholesaler and the retailer who sold the product may all be liable under product liability rules. There are four possible bases for product liability: 1. Defects in design.

What are three types of product defects?

The three types of product defects are outlined below.Design Defects. A design defect occurs when the actual design of the product is faulty. ... Manufacturing Defects. In contrast to design defects, manufacturing defects only affect certain units or batches of a product, rather than all products in a line. ... Labeling Defects.

Can you sue a manufacturer?

You may also be able to sue the manufacturer based on a breach of warranty. This is the company's failure to fulfill a promise or guarantee it made to consumers about the safety of a product. Keep in mind that the manufacturer may not be the only party you can hold responsible for your accident or injury.

All Parties in The Chain of Distribution

As a general principle, you want to include any and all parties involved in the chain of distribution (the path that the product takes from manufac...

When The Defendant Is A Corporation

The manufacturer, retailer, and any "middlemen" who are part of the chain of distribution of the defective product may be corporations. As far as p...

Dealing With Foreign Defendants

You may discover that certain companies in the chain of distribution are foreign corporations or businesses. This typically does not prevent you fr...

The More Defendants The Merrier: Joint and Several Liability

Among the many reasons to identify every potential defendant in your case is the legal doctrine of "joint and several" liability. The essence of th...

Getting Help With Your Defective Product Claim

Identifying all the parties involved in the chain of distribution of a defective product can be deceptively complex. Depending on your case, you ma...

What is product liability?

The jurisdiction in which the product liability case is filed will determine the liability of those involved in the chain of commerce as the defective product passes from the manufacturer to the consumer. A person or company can be held liable for a number of products ranging from faulty medical devices to foods that cause food poisoning.

What is strict liability in manufacturing?

Based on the theory of strict liability, a manufacturer is liable for any manufacturing defects that occur as a result of faulty construction, regardless of whether they took care throughout the manufacturing process. The plaintiff needs to prove that the defect allegedly responsible for their injury was present at the time of departure from the factory where the good was produced.

What is breach of duty in a lawsuit?

A "breach of duty" can be shown if the plaintiff can prove that the defendant knew or should have known that the product was defective. The plaintiff must also prove that the defective product caused their injuries.

What is design defect?

A design defect is a flaw in the original blueprint of a product that causes it to be unreasonably dangerous and creates a hazard for potential users. This type of defect will typically be found in all of a company's manufactured products.

What are the two categories of product defects?

The two primary categories of product defects under federal law are design defects and manufacturing defects .

Can a company be held liable for food poisoning?

A person or company can be held liable for a number of products ranging from faulty medical devices to foods that cause food poisoning. If you or someone you know has been injured by a defective product, you may be entitled to compensation.

Is food poisoning a product liability?

Food Poisoning and Product Liability. The number of product liability claims based on food-borne illnesses and food poisoning has been on the rise. Food poisoning and food-injury related claims are typically brought as product liability actions.

Who is liable for defective product?

In between the manufacturer and the retailer, there may be any number of wholesalers, suppliers, distributors, or other "middlemen.". Each are part of the chain of distribution of the defective product, are potentially liable in your defective product lawsuit.

Why do personal injury attorneys always try to track down as many "deep pocket" defendants?

Because of this, the search for every corporate entity that might be liable for the defective product in your case is usually well worthwhile.

Why do you need to identify each defendant in a case?

Among the many reasons to identify every potential defendant in your case is the legal doctrine of "joint and several" liability. The essence of this doctrine is that each and every defendant is liable both "jointly" (together) and "severally" (separately) for the entire award of the plaintiff's damages. This means that if one of the defendants in your case is unable to pay up for any reason, the others have to pick up the tab. The defendants may end up fighting among themselves as to how to divvy up the hit, but as plaintiff, that is not your problem. Joint and several liability aims to ensure that a winning plaintiff gets paid and leaves the defendants to work out among themselves how much each of them should have to pay out.

Can a retailer be liable for a defective product?

Even though the retail store where you bought the injury-causing product probably didn't manufacture it , the retailer may still be liable for selling you a defective product. Keep in mind that it's not a question of choosing one defendant over another (regardless of the protests of the retail store where you bought the defective product). Any party involved in the chain of distribution should be named as a defendant in your lawsuit.

Can you sue a supplier for a defective product?

If you purchased a used product that turns out to be defective from a supplier of used goods, you might still be able to sue the supplier, depending on the product, the nature of the defect, and the particular state law applicable to your case. This is a developing area of the law and varies from one case to the next.

Is each defendant liable for damages?

The essence of this doctrine is that each and every defendant is liable both "jointly" (together) and "severally" (separately) for the entire award of the plaintiff's damages. This means that if one of the defendants in your case is unable to pay up for any reason, the others have to pick up the tab.

What are product defects?

Types of Product Defect Claims 1 Defects in Design - Example: A bicycle manufacturer's design specifies brake cables that tend to come apart when the rider applies the brakes during normal use. 2 Defects in Manufacturing - Example: A car has an accelerator that is prone to sticking, due to a defective manufacturing process, creating the possibility of a serious accident and injuries or death. 3 Defects in Warnings - Example: An adequate written warning is required for a space heater that is prone to overheating and causing a fire hazard if left on for more than 12 hours.

What are some examples of defects in manufacturing?

Defects in Manufacturing - Example: A car has an accelerator that is prone to sticking, due to a defective manufacturing process, creating the possibility of a serious accident and injuries or death.

What are the two main theories of product defect?

The two main legal theories for product defect cases are negligence and strict liability:

What are the three types of product defects?

The three main types of product defects are design defects, manufacturer defects, and defects in instructions or warnings. The legal remedy for injuries sustained from a defective consumer product varies from case to case.

What happens if you don't get a warranty?

If you purchase a product that simply does not perform as advertised, causing no actual injury , then you may be covered by a warranty or at the very least have the option of returning it for a refund or exchange. See Product Warranties and Returns for more details.

Can a plaintiff prove negligence in a lawsuit?

In other words, the plaintiff need not prove negligence in order to prevail in a lawsuit against a manufacturer for injuries caused by a dangerous product, as long as the defect resulted from a manufacturing error. See " Defects in Manufacturing " for more details.

What is defective work?

Defective work is any work that puts the home, the project, the homeowner, or the people who enjoy the results at risk in some way. This may lower the home’s overall value, put the client’s life at risk, or even create an environment that encourages dangerous accidents and/or structural failures.

What is fraudulent bill padding?

Fraudulent bill padding, such as when a contractor agrees to complete a job for one amount, yet starts tacking on dubious fees. While contracts can and often do change, any suspicious additions should be scrutinized closely.

What is breach of contract?

A breach of contract occurs when the contractor fails to hold up their end of the bargain. For example, a home reno contractor might miss a deadline, fail to deliver a completed product, or even display incompetence in providing a service.

Is contract fraud common?

Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include:

Is it wise to make assumptions about your case?

It is never wise to make assumptions about your case, or your chances of success, without at least consulting a lawyer. Contract law contains plenty of confusing “grey areas” and loopholes. The exact interpretation or presentation of the facts associated with your case could significantly change the outcome.

Is stealing an item from a client's home a chargeable offense?

These commonalities are mostly a result of the fact that there are only so many ways to violate a contract. Other transgressions, such as stealing an item from a client’s home, might be a chargeable offense as well as grounds for a civil suit. Still, others may constitute a crime, but not necessarily justify a lawsuit.

What are punitive damages in vehicle liability?

Punitive damages are intended to punish vehicle manufacturers and encourage them to fix inherent defects in vehicle designs that have resulted in injury.

Can you make a strict liability claim for a motor vehicle?

Regardless of what steps a manufacturer or dealer says it takes in designing, assembling, or handling a motor vehicle, you can make a strict liability claim based on a motor vehicle defect -- without making any showing as to carelessness -- if all three of the following conditions exist:

Can a seller defend against a strict liability claim?

The vehicle manufacturer and/or the seller may have a defense to your strict liability claims, particularly if you have owned the vehicle for some time, if it can be shown that you knew about the defect but continued to use the vehicle anyway. This is usually established either through the vehicle's condition (which the manufacturer's or seller's insurance company will be able to examine if you bring a claim) or from your own description of your use of the vehicle. In some states, a manufacturer or seller may also be able to defend against your motor vehicle defect claim under the theory that your contributory or comparative negligence was the cause of, or a factor in, your injuries.

Can a manufacturer defend against a car defect?

In some states, a manufacturer or seller may also be able to defend against your motor vehicle defect claim under the theory that your contributory or comparative negligence was the cause of, or a factor in, your injuries. Thank you for subscribing!

What to do if you have no avail of a lawsuit?

If you have taken steps to resolve the dispute but to no avail, a civil lawsuit may be the next best thing to do. Before you proceed, make sure to gather evidence to support your case. These include complaint forms you have previously submitted, contracts, terms of service, photos, audio recordings, and more. Solve My Problem.

How to file a demand letter for a lawsuit?

Create a demand letter to be submitted to the court and defendant that explains your case and the financial damages you are suing for. Fill up the court forms and register with the court. You may also need to pay court filing fees. Receive your court date. Serve documents to the defendant via mail.

What are some examples of liability for a corporation?

Health facilities such as hospitals and private clinics. Companies have different structures and liabilities. For example, if you sue a corporation such as Verizon, the liability applies to both the corporation and its registered individual owners.

How to file a civil lawsuit?

Here is a general guideline to help you file a civil lawsuit by yourself: Determine who it is you want to sue. You need to find out if it is a business, an individual, or both. Determine the correct jurisdiction. Find out where the individual lives or where the business operates.

What is the term for an insurance company that fails to pay an employee?

An insurance company fails to pay an employee his/her remuneration as outlined in the contract. Discrimination or Harassment. A person is harassed or discriminated against while working at the company. Nuisance. A company encroaches on the public right-of-way and interferes with pedestrian traffic. Defamation.

Can a company be held liable for a violation of federal law?

Any company can be held liable for federal, state, or local law violations. These include but are not limited to the following: Companies have different structures and liabilities. For example, if you sue a corporation such as Verizon, the liability applies to both the corporation and its registered individual owners.

Can you sue Uber for damages?

If you sue a limited liability company ( LLC) such as Uber, only the business itself can be liable for damages. That’s because LLCs are designed in a way that protects their individual owners from business liabilities or debts.

How much does it cost to file a small claims lawsuit?

You will also need to pay the filing fee, typically $100, or ask the court clerk for a waiver based on low income or public assistance.

What happens if you don't show up for a small claims court?

If you fail to show up, your claim will be dismissed. If the contractor fails to show up, you may win your case by default. If you find you cannot sue in small claims court, you can still sue in civil court, although it is more complicated and takes longer.

What happens if a contractor misrepresents information regarding a project?

If the contractor intentionally misrepresents information regarding a project including the quality of materials used or property information, he can be found guilty of fraud. If you decide to sue, you can do so in small claims court or in civil court, or you can go to alternative dispute resolution.

What happens if you don't show up for a contractor's court hearing?

The contractor will receive a summons to appear in court along with a copy of your claim, and you will be notified as to when this happens. On the date of your hearing, appear in court and bring all documents and photos. If you fail to show up, your claim will be dismissed.

How much can a claim court handle?

In some states, claims courts will handle small claims up to $10,000. In other states, the number is $5,000 or less. Most states require you to send a demand letter to the contractor informing him of what the issue is and giving him a chance to resolve it.

How to find the deadline for small claims court?

You can find the deadlines by calling the small claims court clerk’s office. You need to calculate the damages you are claiming because this will determine whether or not you can sue in small claims court. Different states have different requirements. In some states, claims courts will handle small claims up to $10,000.

Where to find contractor's legal name?

The contractor should have an official business name registered with the state. You can find it in the business name directory on your state’s Secretary of State website.