In the typical products liability action, there is generally a solvent manufacturer or seller from whom the injured party may recover. One could speculate that this is the major reason why no agency has ever been joined -but should not the agency be called to account where there is no other solvent defendant, or where other reasons prevent an effective action against the principals, or where justice demands a proper sharing of liability? The authors believe that this must be answered affirmatively, and that the potential for advertising agency liability does in fact exist.
Stephen J. Werber and William L. Trombetta,
Product Liability: The Potential Liability of the Advertising Agency,
24 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol24/iss3/4