How does the law distinguish between product manufacturers and product distributors?
In products liability law in the state of Virginia, there are two important distinctions that must be made: the distinction between a product manufacturer and a product distributor. It is important to recognize the difference between the two because they both have different levels of responsibility when it comes to liability for a product that causes harm. Product manufacturers are responsible for designing, producing, and processing products for distribution, including adding the necessary warnings and instructions. They are liable for any defects that occur in their product and may be sued by a consumer if they fail to use due care in producing a safe product. Distributors, on the other hand, are the entities responsible for physical distribution of the product itself. This could include retailers, wholesalers, and distributors. They are not liable for any design defects in the product, but are responsible for any mishandling of the product they may have committed. For example, if a retailer fails to properly warn a customer of any potential danger from the product, they could be held responsible for any damages arising from this mishandling. Therefore, it is essential to recognize the differences between product manufacturers and product distributors in order to assign liability for a product that has caused harm. As a general rule, product manufacturers are responsible for any defective design of the product while product distributors are responsible for any mishandling of the product.
Related FAQs
Is a manufacturer liable for products they did not manufacture but only sold?What is the legal standard of care for manufacturers?
What is a “breach of implied warranty” of product safety?
How do manufacturers demonstrate compliance with product liability laws?
What is the difference between product liability and premises liability?
How do juries decide product liability cases?
What is the foreseeability factor in product liability cases?
What is a “products liability action”?
What are the components of a successful product liability claim?
What type of damages can be recovered from a product liability lawsuit?
Related Blog Posts
Understanding the Basics of Products Liability Law - July 31, 2023What is a Breach of Warranty? - August 7, 2023
What is Strict Liability in Products Liability Law? - August 14, 2023
How Can You Establish a Products Liability Claim? - August 21, 2023
Common Defenses in Products Liability Cases - August 28, 2023