Personalized Services For Injuries And Criminal Charges In Oregon
The attorneys of Usera & Snow, P. C.
Usera & Snow, P. C.

You can hold others liable if you’re hurt by defective products

On Behalf of | Feb 15, 2019 | Products Liability

Product liability laws hold businesses and manufacturers responsible for the products they create. They are able to be held responsible for dangerous or defective products because of U.S. product liability law, which sets up rules that make it easier for people who get hurt by products to seek assistance and recover damages.

There could be several parties responsible for defective products including the manufacturer, distributor, a manufacturer of component parts, the wholesaler or a retail store or outlet.

Is there anyone who can’t be held liable for selling dangerous products?

Unless it’s a known dangerous product that is intentionally sold to buyers, those who hold garage sales or sell a product outside their normal course of business will probably not be able to be held liable for injuries caused by a product. If they were intentionally selling a dangerous product to hurt someone, that could constitute a crime, but not in terms of product liability.

If strict liability applies to your case, know that your job is to prove that a product was defective, not necessarily that the manufacturer or distributors were negligent. If your case involves res ipsa loquitur, the burden of proof is shifted to the defendant. They have to prove that they were not negligent instead of having the plaintiff prove why they are. There is a subtle difference, but it’s something to understand before your case goes to court. Our site has more information on product liability and how you can seek compensation if you are hurt as a result of purchasing a defective product.