Last week, I addressed a question about whether you can pursue a lawsuit if you've been injured by a product made by a foreign company. I explained that you should consult an attorney about determining whether you can obtain jurisdiction over that non-US company, because there is a good chance that you can.
In many cases involving defective products made by a foreign company, if you bought the product from a US company, you might be able to sue the US company as well.
Even though the foreign manufacturer placed that product in the stream of commerce, US law recognizes the fact that other domestic companies kept the product moving along the stream of commerce before it got to you and injured you. The point is, you may also be able to sue the domestic sellers, distributors, and retailers of the product.
There are two ways you may be able to sue the US companies:
- The US company may be directly liable if it appears that they were aware of the product's defect before they placed it into the stream of commerce.
- The US company may be required to take responsibility for the foreign manufacturer's fault if the foreign manufacturer is insolvent or if the court cannot exercise jurisdiction over them.
The idea is, even if the domestic seller is not the most blameworthy between the manufacturer and themselves, they should share the greater responsibility of helping the injured person recover his or her losses.
If you or a loved one has been seriously injured by a defective product, you should consult a skilled personal injury attorney who is experienced in handling defective products cases. To learn more about your legal rights after being injured by a defective product, call us, toll-free, at 877-724-7800