The Legal Risks of Counterfeit and Defective Goods
If you have been injured by a counterfeit product, you may wonder what next steps to take. After all, you likely thought you had purchased the authentic version and were unaware of the damage a fake product could cause. You likely have a valid product liability claim, but where should you turn?
Fake products can be dangerous because the manufacturers are concerned more about profit than safety. And oftentimes, these manufacturers can be untraceable so you cannot hold them accountable. While you cannot pursue damages from the genuine manufacturer, you can seek compensation for your personal injury treatment from other parties such as distributors, retailers, and more.
When Design and Patent Protection Fail to Prevent Injuries
Individuals and businesses that design and patent products have a responsibility to consumers to ensure their creations are safe, manufactured correctly, and contain adequate instructions for use. However, while this is the standard expectation, consumers can get injured by products lacking in these areas and might have grounds for a product liability claim.
Design Flaws and Manufacturing Defects
Products must be designed to perform as safely as an ordinary consumer would expect them to. For example, if someone buys a space heater that tips over easily, but does not have an automatic shutoff, this would be a design flaw. Injuries caused by design flaws and requiring personal injury treatment give the consumer a possible product liability claim.
Injuries from product manufacturing defects are another avenue for a product liability case. Manufacturing defects happen when the original design was safe, but something went wrong as it was being made or assembled. In this case, the manufacturer would be held liable.
Poor Quality Control in Patented Products
While a patent gives an individual or business the exclusive rights to a product, it does not ensure that a product is made well every single time. This is where quality control becomes important. If quality control is not implemented properly, manufacturing defects can occur which can lead to injuries and product liability claims. Poor quality control can look like:
- Inconsistent manufacturing tolerances
- Substituting cheap materials to save on cost
- Lack of adequate testing, quality control, and inspection
- Failure to follow design specifications or safety standards
Trademark Infringement and the Dangers of Fake Goods
Just because products are designed, manufactured, and distributed correctly does not prevent trademark infringement and counterfeit products from entering the market. It can be frustrating to buy a product that you thought was real, just to find out it was a fake. What’s worse is if you are injured by that product due to a defect.
Liability for Retailers and Distributors
If you are harmed by a counterfeit product defect, it can be challenging to determine who is liable. After all, the original inventor is likely not liable. In fact, they may have a trademark infringement case. The manufacturer of the fake is often not traceable. If this happens, you should consider who else is liable for getting the product in your hands. In many cases, this is a retailer or distributor. A skilled lawyer can help you find evidence to build a case against them.
Why Counterfeit Products Threaten Consumer Safety
Counterfeit products can be dangerous because the manufacturers typically prioritize profit over safety. Because of this, they may miss important safeguards causing you to require personal injury treatment. Safety risks of counterfeit products include:
- Use of toxic materials
- Faulty electrical components
- Missed safety features
- Lack of sterilization
- Mislabeled ingredients
Can Authentic Manufacturers Be Held Responsible?
Many may wonder if the authentic manufacturer can be held responsible for injuries caused by counterfeits of their products, especially if the manufacturer of the counterfeit cannot be found. The answer is usually no. They can, however, pursue a lawsuit.
Understanding Duty and Causation
When establishing who is liable for a product injury, you must prove that a person or company owed you a duty of care. If the authentic manufacturer did not make, sell, or authorize the counterfeit product, they had no duty towards you.
Along with proving who owed a duty of care, you must also establish that the defective product caused your injuries. Because the authentic manufacturer did not owe you any duty, there is no legal causation connecting them to the injury.
Lessons From Ashworth v. Albers Medical Inc.
One legal case that highlighted how authentic manufacturers are not responsible for counterfeit product injuries was Ashworth v. Albers Medical Inc. In this case, a woman unknowingly took a fake version of Lipitor and claimed injuries. She chose to sue the authentic manufacturer as well as distributors and retailers.
Ultimately, the court ruled that genuine manufacturers should not be held responsible for counterfeit products. The claims against Pfizer were dismissed, but the distributors, repackagers, and wholesalers were held liable. This case was important in illustrating who is liable for counterfeit product injuries.
Seeking Justice After a Counterfeit Product Injury
When you are injured from a counterfeit product, you will require personal injury treatment among other things which can be costly. Holding the correct party liable for your injuries is important for the success of your product liability claim as is proving negligence and defects in the design.
Identifying the Liable Parties
Identifying the correct liable party can be a challenge, but with the help of a seasoned attorney, it is entirely possible. Your goal is to identify the party who actually made the product, but in many cases this is challenging since they can be anonymous, overseas, or judgement-proof. Other parties that you can hold liable include:
- Distributors
- Wholesalers
- Repackagers
- Retailors
- Online Marketplaces
Proving Negligence and Defective Design
Your counterfeit product injury case can only be successful if you are able to prove that there was negligence in manufacturing, distributing, or designing a product. You can do this by establishing the following:
- A manufacturer, distributor, or other owed you a duty of care
- There was a breach in the duty of care
- The breach of duty caused your injuries
- You acquired real damages from the breach of duty
Pursuing Fair Compensation with a Lawyer
So what does it look like to pursue compensation and how can you ensure you receive enough compensation to cover your damages and personal injury treatment? You can do this with the help of an experienced product liability lawyer, so try to find the best one you can.
This article was written by Benson & Bingham, a trusted Las Vegas car accident law firm specializing in personal injury cases for over 25 Years. View all locations here.
