In any product liability case, it is the responsibility of the plaintiff to prove that the defendant is liable for damages. This means that the plaintiff must show that the product was defectively designed or manufactured, and that this defect caused the plaintiff’s injuries.
The plaintiff will also need to show that the defects were not apparent to the user, and that the user could not have reasonably avoided them. In some cases, it may also be necessary to prove that the defendant knew or should have known about the defects. If all of these elements are met, then the defendant will be held liable for any damages that resulted from the use of their product.
The Manufacturer’s Responsibility
Consumers have a right to expect that the products they purchase are safe. This is especially true for products that are intended for use by children. Unfortunately, there have been many instances in which defective products have injured or even killed children.
In some cases, the manufacturers of these products were aware of the dangers but failed to take adequate precautions. In other cases, the manufacturers did not have adequate safety testing procedures in place. As a result, parents are left feeling angry and betrayed.
While it is impossible to eliminate all risks, manufacturers have a responsibility to do everything possible to create safe products. This includes design, testing, and manufacturing processes. In addition, manufacturers must be transparent about any known risks associated with their products. Only by meeting these standards can consumers be assured that they are making safe choices for their families.
The Distributor’s Responsibility
In a product liability case, the distributor may be held responsible if the product is defective and causes injury. The distributor is responsible for ensuring that the products they sell are safe and fit for their intended purpose. If a distributor sells a defective product that causes injury, they can be sued for negligence.
If you have been injured by a defective product, you may have grounds to file a lawsuit against the distributor. Our product liability lawyers at Crane Flores, LLP can help you assess your legal options and fight for the compensation you deserve.