If a defective product caused you harm, you may be able to find out who is responsible, which could be anyone from a manufacturer to a retailer, and you may be able to file a product liability lawsuit. While these cases are complex, surprisingly, this is an area of law where the specifics will not vary much from state to state. Here then is an overview of product liability cases.

Whom can you Sue?
In product liability cases, you might be able to sue anyone along the "chain of distribution". The first party in this chain is the manufacturer, anyone from a craftsperson to an international company. It is even possible to go after multiple manufacturers. This could the case, for example, if you were injured by a malfunctioning airbag, in which instance both the car manufacturer and the manufacturer of the airbag could be on the hook. This could get even more specific. If the defect was a flaw in the design, then you may need to also name design consultants as defendants in your case. A lack of adequate warning may be the fault of technical experts who created the labels and instructions. A manufacturing defect could mean that quality-control engineers are liable.

Instead of, or along with the manufacturer, the retailer could be at fault for a dangerous defect. The wholesaler or the distributor could also be on the hook. Any number of parties between you and the manufacturer could be responsible for a product's defects.

When can you sue?
Of course, if you were injured when you properly used a flawed product, you could file a claim—as long as you are within the statute of limitations. Each state has its own deadline by which you must file. But what if you did not buy the product? What if someone else was using it, or used it before you? Even if someone else bought the pain medicine that harmed you, you could still file a defective product lawsuit. If you were injured by a blade that came loose from a defective power tool, but one that someone else was using, this would have nothing to do with your ability to file a product liability claim. There is even the chance that if you were harmed by a used product that you could still go after someone in the chain of distribution. This will depend on state law and the type of defect involved.

The Types of Product Liability Claims You Could File
There are several reasons you could be able to file a product liability claim, otherwise known as the legal theories on which you could base your lawsuit. Many of these legal theories can intersect in just one case. Here is an overview of some these theories:

In a strict product liability case, you would be accusing the defendant of producing a dangerous product, or one that lacked a proper caution, and that the seller meant for this product to get to a customer without any modifications. Then you would have to prove that this defect caused your injury or damaged your property. This is the central theory in most defective product claims, and relatively speaking, it is often the simplest case to make.

A negligence claim would involve proving that the defendant owed you a duty of care, such as making a product that would not jeopardize your safety, and that they failed this duty. You would also have to show that you were indeed injured, and that the cause of your injuries was this breached duty of care. A breach of warranty is a bit different, and it requires that you establish that there was an express or implied warranty on the product, and that the product failed to live up to the warranty.

Finally, you might be able to file under a claim of outright fraud. This would take several steps. You would have to show that the defendant marketed the product falsely, and that the defendant knew that he or she was making false claims about the product. You would also have to show that you had reason to believe the defendant, and that their misrepresentation was used to get you to buy the product. If you can also prove that this fraud caused you to suffer some sort of loss, then you can have successfully filed a claim under this legal theory.

If you have been injured by a defective product, learn more about how much your case could be worth when you contact an experienced personal injury lawyer today!