PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us, via telephone or through video conferencing. Please call our office to discuss your options.
Smith & Gaynor, LLC
For excellent legal representation


The Sacramento Kings professional basketball team is suing over an exercise ball that burst and injured one of their players. Francisco Garcia broke his wrist when the ball burst while he was laying on it lifting weights. The lawsuit seeks $4 million from the manufacturer of the ball, a distributor, and a retailer.

If a defective product injures you, one thing you will need to figure out is who to sue for your injuries. It's not always easy to ascertain which companies might face liability for your injuries, but it is important to figure that out in order to maximize your recovery.

Under product liability law, an injured person can sue all entities that were involved in the chain of distribution of the defective product. This is the path the product takes from manufacture through distribution to customers. It's important to realize that you don't have to pick just one defendant to sue. Instead, you should try to include as many companies that were involved in the chain of distribution as possible. Here are some entities that can be held liable:

  • Product manufacturer. If the defective product is part of a bigger product, include both the manufacturer of the entire product and the smaller part. Also, include other parties who had a part in the manufacture, such as consultants or outside contractors. Further, if a failure to warn claim is part of your case, you should also sue any technical experts that helped write the instructions for the product.
  • Product retailer. The store where you bought the product can be liable for selling you a defective product. You can still sue the retailer who sold the product, even if you weren't the actual buyer of the product (for example, if you borrowed the product from a friend) or even if it wasn't you using the product when you were injured by it (for example if a product exploded that someone next to you was using).
  • Product wholesaler or distributor. Because these "middlemen" are in the space between the manufacturer and retailer, they are in the chain of distribution and are potentially liable.

If a defective product has injured you, retain the services of a product liability attorney to make sure you hold all responsible parties accountable.

No Comments

Leave a comment
Comment Information
Email Us for A Response

Have A Question

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Smith & Gaynor, LLC
60 Washington Street, Suite 302
Morristown, NJ 07960

Phone: 973-532-2661
Fax: 973-292-9168
Morristown Law Office Map