Legal Question in Product Liability in District of Columbia
hit by automatic security door
Who is the correct defendant to serve in a products liability case. Defendant formed LLC for protection. The LLC was formed after the complaint was filed with the court but before the defendant was served.
July 30, 2004
date of injury
July 29, 2005
complaint filed with Court naming ''AAA Controls'' as defendant
July 29,2005
complaint faxed to defendant ''AAA Controls'' to inform them
August 5, 2005
papers are filed to form ''AAA, LLC'' for protection
August 15, 2005
''AAA, LLC'' corporation formed/registered
September 1, 2005
complaint served upon ''AAA Controls''
October 1, 2005
received motion to dismiss from attorney for ''AAA Controls'' because ''AAA Controls'' is not a legal entity
November 4, 2005
Judge believes that the misnomer will be corrected by plaintiff and the correct defendant will be named and brought into the case but he does not know about the LLC
Who is the correct defendant to serve?
The entity, company, partnership or person who manufactured the product at the time that:
-the injury occurred (July 30, 2004)
-the complaint was filed with the court (July 29, 2005)
-the defendant was notified via fax (July 29, 2005)
-the defendant was served via certified mail (September 1, 2005)
1 Answer from Attorneys
Re: hit by automatic security door
Product liability and premises liability are the bases of your case. Often entities deny obligation through shifting their trade name or taking other actions. Insurance coverage may not even be brought forth until the matter is scheduled for trial. The facts make a case and you should contact an attorney for further assistance. I am available to assist you.
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