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Can you sue both the manufacturer and the seller?
Yes, in many cases an injured person in the UK can bring a claim against both the manufacturer and the seller of a defective product. This is because each party may have had a different role in putting the unsafe item into the market.
The manufacturer may be responsible for the product design, assembly, testing, or warnings. The seller may be liable if they supplied a faulty product, gave misleading information, or failed to take reasonable care.
How product liability works in the UK
UK product liability law is based on both negligence and consumer protection rules. The Consumer Protection Act 1987 can make a producer liable for damage caused by a defective product, even if the injured person does not need to prove negligence.
A claim against a seller may arise under the Consumer Rights Act 2015 or under negligence principles. If the seller supplied the item in the course of business, they may have responsibilities to ensure goods are of satisfactory quality and fit for purpose.
When both may be responsible
Both parties may be named in the same claim if it is not yet clear where the fault lies. For example, a machine could be badly designed by the manufacturer, but also sold without proper instructions or warnings by the retailer.
It is also possible that the seller knew, or ought to have known, the product was unsafe. In that situation, the seller may share liability with the manufacturer for the injury caused.
What must the injured person prove?
The injured person usually needs to show that the product was defective, that the defect caused the injury, and that they suffered loss or damage. Evidence may include medical records, photographs, witness statements, and the product itself.
If multiple businesses were involved, a solicitor may investigate who designed, made, distributed, stored, or sold the product. This helps identify all potentially responsible parties and strengthens the claim.
Why sue both parties?
Suing both the manufacturer and the seller can improve the chances of recovering compensation. If one party denies responsibility or is unable to pay, the other may still be liable.
It can also help resolve disputes about fault. The court can decide how responsibility should be shared between the businesses, which may make it easier for the injured person to obtain damages.
Getting legal advice
Product liability claims can be complex, especially where several companies are involved. A solicitor can help work out who should be included in the claim and what evidence is needed.
If you have been injured by a defective product, it is sensible to seek advice as soon as possible. Time limits usually apply, and early action can make it easier to preserve evidence and protect your position.
Frequently Asked Questions
Yes, in many cases an injured person can sue both the manufacturer and the seller if both may have contributed to the harm.
Because the manufacturer may have made the defective product and the seller may have placed it into the stream of commerce or failed to warn about known risks.
Not always. Product liability laws can allow claims against each party based on their role, even if their fault differs.
Common claims include defective design, manufacturing defect, and failure to warn.
A seller may be sued for selling a defective product, failing to warn, breaching warranties, or sometimes negligence depending on the facts and local law.
Yes. If the seller knew or should have known about the danger, that can strengthen a claim against the seller.
Yes, in many jurisdictions a retailer can still face liability because it helped distribute the product to consumers.
Potentially yes, but the total recovery usually cannot exceed the amount of damages suffered.
The injured person may still sue the seller and also add the manufacturer later if it can be identified and properly served.
The injured person may still be able to sue the manufacturer, but jurisdiction, service, and enforcement issues can make the case more complex.
Not always. A seller may still be liable even if the defect originated with the manufacturer, depending on the law and the seller's conduct.
Yes, a manufacturer may argue that misuse, alteration, or improper storage or sale by the seller caused or worsened the injury.
Often the injured person must show the product was defective and caused the injury, but proving which defendant is responsible can vary by claim and jurisdiction.
Yes, common defenses include misuse, assumption of risk, product alteration, expiration of the statute of limitations, and lack of defect or causation.
Warnings may help, but they do not automatically eliminate liability if the product is still unreasonably dangerous or the warnings are inadequate.
If the seller changed the product in a way that caused the injury, that can increase the seller's liability.
Often yes. Distributors, wholesalers, and other sellers in the supply chain may be included in a product liability lawsuit.
Often yes, if there is a basis to believe both played a role. Suing both can help protect the injured person's ability to recover.
Not always, but it can improve the chances of identifying the responsible party and recovering damages if one defendant is unable to pay.
Yes, the ability to sue both a manufacturer and a seller can depend on state law, so local rules matter a great deal.
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