Who is Responsible for My Defective Product?
Products can be defective in different ways, so the type of defect will affect who may be responsible. Some products are defective in their design. Others are defective in their manufacture, meaning that the product is safe as designed, but there was a mistake when it was built at the factory. In other cases, a product can be defective if the warnings or instructions accompanying the product were not clear and explicit, or did not tell you about possible dangers associated with its use.
Who are some of the people or companies that may be responsible?
The Oklahoma Supreme Court has held that any entity in the chain of distribution of a product can be held liable if the defect existed at the time the product left that entity’s “possession and control.” This means that if the defect occurred at the factory but it was not discovered at the later stages of distribution – at the wholesaler and then at the store, for example – then the manufacturer, the wholesaler AND the seller can be held liable, even if the wholesaler and the store did not create the defect and did not know about it.
Depending on the specific circumstances of your case, possible defendants may include any or all of the following:
- The product’s designer – either of the product itself, or a component of it
- The product’s manufacturer – again, either of the entire product or a part of it
- The writer of the product manual, or anyone else who gave you information about the product at the manufacturer or seller’s request
- The wholesaler who bought the product from the manufacturer and sold it to the store (sometimes, there are several steps between the manufacturer and the retail seller)
- The store who sold the product to you
An experienced Tulsa products liability attorney can help you determine who is responsible for your defective product.
For experienced, aggressive representation in your products liability case in Tulsa
Firm founder Michael L. Barkett started his career defending corporations and insurance companies, so he understands their tactics and how to beat them. If you have been injured by a defective product, call The Barkett Law Firm at 918-582-6900 today for a free consultation. If you need real experience and proven results, call us today.