Can I Sue a Manufacturer Representative?
Jeffrey Breit—January 21, 2022
Yes, you can. Unfortunately, manufacturers typically have the resources and insurance coverage to fight product liability lawsuits. In addition, a lawsuit against a representative can quickly eat up a significant portion of the defendant’s available funds. In some cases, you may be able to file a product liability lawsuit directly against the representative.
What are the grounds for suing a manufacturer’s representative?
First of all, the manufacturer’s sales representative is not personally liable for the medical device’s malfunction. But if the representative is negligent or fails to supervise the patient properly, a plaintiff can still sue the manufacturer. If the case can be proven, the representative could be liable for the injury. However, the court is unlikely to grant summary judgment in favor of the manufacturer in this case, and the plaintiff must prove that they were injured in the course of their work.
The grounds for suing a manufacturer’s representative can vary depending on the situation. Some of the most common reasons to file a product liability lawsuit against a representative include:
– The representative failed to provide adequate safety information or instructions with the product
– The representative knowingly sold a defective product
– The representative misrepresented the safety of the product
What are the consequences of suing a manufacturer’s representative?
The consequences of suing a manufacturer’s representative can vary depending on the situation. Some of the most common consequences include:
– The representative may be unable to pay a significant judgment if the lawsuit is successful
– The representative may be subject to disciplinary action from their employer
– The representative may face criminal charges if they are found guilty of a crime related to the product
What is the process for suing a manufacturer’s representative?
A manufacturing representative can be sued for negligence, particularly if the representative doesn’t follow the correct protocols. In this case, you’ll need to prove that the representative failed to deliver what was promised and the patient suffered injury as a result. Bottom line, if you have a claim against a representative, you deserve your day in court.
The process for suing a manufacturer’s representative typically includes the following steps:
– File a complaint with the court
– Serve the complaint on the representative
– The representative will file an answer to the complaint
– The parties will exchange discovery documents
– The representative may file a motion to dismiss the case
– The parties will argue their case in front of a judge and or jury
What are some common Manufacturer Representative agreements?
Manufacturer representatives typically enter into agreements with the manufacturers they represent. These agreements can vary in terms of the responsibilities and obligations of the parties involved. Some of the most common types of agreements include:
– Exclusive representative agreement
– Territory agreement
– Sales representative agreement
Manufacturer representative agreements can vary in terms of the responsibilities and obligations of the parties involved. Some of the most common types of agreements include: exclusive representative agreements, territory agreements, and sales representative agreements.
If you have a claim against a manufacturer’s representative, it is important to understand what type of agreement is in place between the two parties. This will help you determine which party may be held liable for any injuries that occur as a result of using the product.
Contact the expert brain injury attorneys at Breit Biniazan for professional legal representation.
By Jeffrey Breit
Partner
Jeffrey Breit is driven to be the best in personal injury legal representation and has had far-reaching accomplishments that will be felt for years to come. Throughout a successful career as a personal injury lawyer in Virginia Beach and the larger state of Virginia, Jeffrey Breit has continued to work hard to improve the reputation of attorneys representing injured people, as well as training the next generation of trial lawyers.
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