[Direct answer]In the Beijing area, the victim can choose one defendant to sue or sue both defendants at the same time. According to Article 1203 of the Civil Code of the People's Republic of China (effective from January 1, 2021), if the victim suffers damage due to a defect in the product, the infringed party may request compensation from the producer of the product or the seller of the product; if the product defect is caused by the producer, the seller has the right to seek recourse from the producer after making compensation; if the product defect is caused by the seller's fault, the producer has the right to seek recourse from the seller after making compensation. Therefore, if the consumer suffers damage due to a product defect, the victim can choose the defendant based on the defendant's compensation capacity and the ease of providing evidence; if both the seller and the producer are at fault, the victim can also sue both defendants at the same time, and the court will determine their respective responsibilities according to law. The victim does not need to pre-judge who is the ultimate responsible party.

1. Problem background and typical scenarios

After consumers are injured or suffer losses due to product defects, the first practical problem they encounter is "who to sue". Typical scenarios include: electrical appliances purchased in malls catching fire due to defects, with the store saying "go sue the manufacturer"; harm caused by goods purchased online, with the store having closed down and being uncontactable; and manufacturers and sellers passing the buck to each other, leaving consumers feeling helpless in the middle. In product liability disputes in the Beijing area, the choice of defendant directly affects the efficiency of litigation and enforcement. The law has made favorable arrangements for victims, allowing them to choose between producers and sellers, so as to avoid being unable to protect their rights due to the complexity of the liability chain.

II. Key points of dispute

First, whether the victim can freely choose the right to claim against the producer or seller. Second, how the responsibilities between the producer and the seller are divided, and who is the ultimate responsible party. Third, what are the conditions for the seller to seek recourse from the producer after making compensation. Fourth, whether the producer can seek recourse from the seller who is at fault after making compensation. Fifth, how to determine the responsibilities when suing both the producer and the seller together. Sixth, whether the seller can refuse to make compensation solely on the grounds that "it's not my production".

III. Professional analysis by Henglue Lawyers

Here's the translation of the Chinese (Simplified) sentence into English, with detailed explanations: Henglue Lawyers provide four practical tips for product liability cases. First, the right of choice lies with the victim: According to Article 1203 of the Civil Code, victims can either seek compensation from the producer or the seller, without needing to clarify internal responsibilities first. This rule aims to facilitate victims' rights protection and reduce the costs of evidence collection and accountability. Second, the internal recourse rule: If the product defect is caused by the producer, the seller has the right to seek recourse from the producer after compensating the victim; if the product defect is caused by the seller's fault, the producer has the right to seek recourse from the seller after compensating the victim, with the ultimate responsibility lying with the true liable party. Third, defendant selection strategy: Prioritize selecting a party with strong compensation capacity and a location that facilitates litigation and enforcement. When necessary, list both the producer and the seller as defendants to increase the success rate of obtaining compensation and enforcement. Fourth, sellers cannot evade responsibility: Sellers cannot refuse to compensate solely on the grounds that "the product wasn't produced by me". After legally assuming compensation responsibilities, they can recover losses through the recourse mechanism. Overall, the claim selection rights of producers and sellers are conveniences granted by law to victims, aiming to enable them to obtain relief faster. Henglue Lawyers typically assess the defendants' compensation capacity and jurisdictional convenience to assist clients in formulating claim strategies.

IV. Practical suggestions and legal basis

Action suggestions: First, keep the purchase receipts, invoices, and the actual products, and clarify the identities of the sellers and producers; Second, based on the compensation capacity and the convenience of evidence collection, choose to claim compensation from the producer or seller; Third, if necessary, sue both parties together, and let the court determine the responsibility; Fourth, pay attention to the statute of limitations and claim in time to avoid the rights being damaged due to delay; Fifth, if serious damage is involved, claim disability compensation and compensation for mental distress at the same time. For personal injury and medical disputes, you can refer to the relevant provisions.Personal injury and medical disputesIt can be referred to for issues related to corporate operations and contractsBusiness and contract disputes in enterprisesLegal basis: Articles 1202, 1203, and 1207 of the Civil Code of the People's Republic of China (effective January 1, 2021), and the relevant provisions of the Product Quality Law of the People's Republic of China (amended in 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the victim can freely choose the party to claim compensation from between the producer and the seller, without having to first determine the ultimate liable party. Secondly, suing both parties together helps increase the success rate of obtaining compensation and enforcement, especially in cases where the division of responsibilities is not yet clear. Thirdly, the seller cannot evade compensation by saying "it wasn't produced by me", and can seek recourse for compensation according to law after making compensation. Fourthly, the party providing compensation has the right to seek recourse from the true liable party, and the internal liability shall ultimately be borne by the party at fault. Fifthly, attention should be paid to choosing a party with strong compensation capacity and easy litigation enforcement, and to observing the three-year statute of limitations. For matters involving creditor's recourse and enforcement, reference can be made to the relevant provisions.Creditor's rights and debts, and enforcementFor other difficult matters, you can refer to the relevant materials for further assistance.Special servicesFor issues related to labor rights, you can refer to the following resources for more information:Labor arbitration and work-related injury compensation.

VI. Frequently Asked Questions

Q1: If I buy a defective product, can I only sue the seller and not the manufacturer?

Yes. According to Article 1203 of the Civil Code, the victim may request compensation from the seller or the producer, and the choice lies with the victim. After the seller compensates the victim, the seller may seek recourse from the producer who is at fault according to law.

Q2: If the merchant says "It's not produced by me", can they avoid compensation?

No. The seller shall not refuse to compensate on the grounds that the product is not produced by them. The victim has the right to claim directly from the seller. After the seller compensates, if the defect is caused by the producer, the seller may seek recourse from the producer in accordance with the law.

Q3: Can we sue both the manufacturer and the merchant together?

Yes. Listing both the producer and the seller as defendants is conducive to identifying responsibilities and improving the success rate of enforcement. The court will determine the responsibilities of all parties based on the facts ascertained, and victims do not need to make preliminary judgments.

Q4: Who is ultimately responsible in the end?

It depends on who caused the defect. If the defect is caused by the producer, the producer shall ultimately bear the responsibility; if the product is defective due to the seller's fault, the seller shall bear the responsibility, and the other party may claim rights in accordance with the rules of recourse.

Q5: If the online store closes down, can I still ask the manufacturer to compensate me?

Yes. Product liability does not require the continuation of the buyer-seller relationship. Victims can directly claim compensation from the manufacturer. If the platform knew or should have known about the illegal activity but failed to take necessary measures, it may also bear corresponding liability.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.