The Consultant Or The Business: Questions To Help Determine Liability In A Personal Injury Case

The economy is a growing one for contractors and independent consultants. You may find online and in-person solicitations for products ranging from makeup or kitchen utensils, to weight loss products. Many of these companies are set up to produce products, then allow independent consultants, legally labeled independent contractors, to sell the products to the masses. Most independent consultants are in charge of their own marketing, sales, and distribution, while the company produces and releases products directly to the consultant. If you have found yourself harmed by a product that is sold in this manner, it can be difficult to determine who is liable for damages. Here are some questions that can help figure out damage.   

Was the product in proper condition?

If the product was in proper condition when it was given to you, it is likely the company that you will need to file a personal injury lawsuit against. This means that the product itself was faulty and you will need to go after the major company. To prove this, you and your personal injury lawyer will need to prove that you used the product as described and that it was the cause of bodily harm that you have incurred. 

Did you receive alternative instructions from the consultant?

If you received the proper product from the company, yet the consultant gave you alternative instructions, the consultant may be liable for any damage claims from your personal injury. For instance, if you purchase a health supplement and the consultant insists that you take the supplement three times a day instead of the two, if this leads to an illness, the consultant can be liable. Instructing customers to utilize the product in a way not as described can lead to liability from the consultant. 

Was the product stored inappropriately?

Products being stored inappropriately can lead to their ineffectiveness and also cause bodily harm in some situations. If you have become ill because a product was stored inappropriately, figuring out the direct culprit can be difficult. For instance, products suggest keeping the product out of extreme heat, but some factory storage may not be regulated. Your consultant may have also chosen to store products in their vehicle, rather than in a properly ventilated and cooled area. For this reason, your attorney may suggest filing a claim against the business itself. Finding information on specific storage is easier with a business and the business itself may be able to help prove whether they or the consultant are liable.