Legal Question in Personal Injury in New York

individual liability

Can a customer sue an individual from a company or is the company liable. If a product was made wrong can the manager of that store be sued or is it the company itself that is sued?


Asked on 1/13/05, 10:42 am

3 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: individual liability

The corporation is liable for all acts of its employees in the course of their employment.

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Answered on 1/13/05, 12:54 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: individual liability

The "maker" or "producer" of the defective product, is usually the person or entity that can be held liable for the defective item.

The salesperson is not usally the person or entity that can be held liable for the defective product, unless, they knew or should have known of the defect,... or did something to hide or enhance the defect,... or agreed to be held liable for any defect,.

In any event, Courts are unlikely to hold a "seller" or "distributor" liable for more than refunds or replacement costs. Whereas, the "producer" of the defective product can be held liable, in some instances, for consequential damages. Look to your product Warranty and Sales Invoice or Receipt.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 1/13/05, 5:56 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: individual liability

While the company is responsible for the negligent actions of its employees acting under its control, both can be sued and held liable depending on the circumstances.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 1/17/05, 9:30 am


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