In a products liability case, who can typically be a defendant under the negligence theory?

In a products liability case based on negligence, any commercial supplier can typically be a defendant. This includes not only manufacturers but also distributors, wholesalers, and retailers involved in the supply chain of the product. The rationale behind this is that each party in the distribution chain has a duty of care to ensure that the products they sell are safe for consumers.

Manufacturers are responsible for designing and producing safe products, whereas retailers and wholesalers must ensure that the products they sell have not been modified or damaged in a way that would render them unsafe. Under a negligence theory, the focus is on whether the defendant breached a duty of care that led to injury or harm. Therefore, any entity that takes part in the distribution and supply of a product could be held accountable if their actions contributed to a product being defective or unsafe for use.

This wide applicability of the negligence theory to any commercial supplier helps ensure that victims of defective products have multiple avenues for recovery against those who were part of the supply chain.