When Is a Retailer Liable for Selling a Defective Product?
When a product is defective, there are several parties that may be liable for damages as part of a product liability claim. These parties are all links in the distribution chain that take products from the designer and manufacturer to the consumer’s hands. In some cases, lazyapevapes the retailer selling the product can be liable for their part in a consumer’s injuries. Although the retailer did not make the defective product, they can still play a role in sustained injuries that assigns liability.
Manufacturer’s Role in Defective Product Liability
When consumers are injured by a defective retail product, product liability laws allow them to recover damages from parties associated with that product. It is usually the manufacturer who is first held liable for a defective product’s injury of the consumer and other damages.
In many of these cases, the consumer does not need to prove that the manufacturer is negligent, only that the product had defects. The consumer also needs to show that they used it according to how it was intended and designed to be used. Finally, counterfeitscash they must show that using it properly caused their injuries.
The manufacturer is not where all of the liability for that defective product ends. Retailers may also be liable.
Retailer’s Role in Defective Product Liability
It is a responsibility of a retailer to ensure that what they sell to the public is safe and will not injure consumers. But a retailer may argue that design and manufacturing defects are the manufacturer’s responsibility and they had no way of knowing that the product could cause their customers harm.
But retailers must exercise caution in selling products, ensuring what they stock is safe for use. They are also responsible for conforming to a recall, if one includes products they sell. Due to these responsibilities, they may be liable if they sell a product that causes injury to the purchaser or anyone else who did not buy the product.
When you are injured by a product, you may hold a retailer or third-party liable even if you were not the one using the product. A good example of this is an auto accident. If the driver who caused the wreck was operating a defective vehicle, you can submit a legal claim against the manufacturer, just as the vehicle’s driver may do the same. In such cases of a defective product, an attorney can clarify who may be liable for your injuries or other damages.
Negligence and Liability of a Retailer or Store
Sometimes retailers act with negligence. This means that they knowingly sell a product that they are aware, or should be aware of, is defective. A good example of this is when a retailer does not participate in a recall as they should. When the Consumer Product Safety Commission (CPSC) recalls a consumer product due to defective design, manufacturing or other issues, the retailer is responsible for ensuring their customers are safe from that defective product and do not purchase it after the recall has been issued. If a retailer continues to sell the item, that retailer is likely negligent in not removing the product from its inventory or store.
The retailer may need to educate customers regarding the steps needed to repair the item or replace it. By not doing so, the retailer is likely negligent.
If a recalled product causes you injury or other damages, how to get loans for investment properties you should contact a personal injury lawyer for advice regarding how to handle your claim.