What types of parties can be held liable for a defective product?
In Indiana, a variety of parties can be held liable for a defective product. Generally, anyone with a hand in the design, production, sale, and/or distribution of the product can be held liable, including the manufacturer, wholesaler, and/or retailer. The manufacturer can be held liable if the product is defective or unreasonably dangerous due to a flaw in the design, manufacturing, or assembly of the product. This includes any component parts of the product. The manufacturer may also be liable if the product is mislabeled, not properly tested, or if proper instructions or warnings are not included. The wholesaler or retailer may also be liable if they are found to have negligently placed the product in the stream of commerce knowing that the product is defective or unsafe for its intended use. For example, if the retailer knows that the manufacturer is not abiding by safety regulations, then the retailer can be held liable. In addition, a party involved in the design, marketing, or advertising of the product may be held liable for misrepresenting or failing to adequately warn of product risks, such as a faulty design. Finally, any party that subsequently modifies the product could potentially face liability. Ultimately, a defective product case hinges on the specific facts of the situation and can involve a variety of liable parties.
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