How A Retailer Can Be Held Liable For Product Liability?

How A Retailer Can Be Held Liable For Product Liability?

Nov 15

Over the years, there had been a spate of product recalls for allegedly causing injuries or accidents to consumers. When products are sold in the market, there is always an assumption that they have been tested and considered safe. When injuries happen to a buyer, the first one to be blamed will be the manufacturer. This is not the case all the time because everyone who is part of the distribution chain can be held liable.

According to the website of Williams Kherkher, defects may arise from the manufacturing to the distribution, or even when they are already in the store shelf. Even though they were not the manufacturers of the defective product, retailers can be held liable for any injuries resulting from those defects. Retailers have the job to ensure that the products they are selling are safe for use.

Retailers may argue that they had no way to know if the product had any defects because they were not the ones who manufactured the item. However, it is their job to take measures in ensuring the safety of the products they are selling. Hence, they can be sued for product liability if the item they sold caused injury to the buyer or to another person.

The liability of a retailer in a defective products claim may be an issue of negligence on their part. For example, when the Consumer Product Safety Commission calls for a recall of the product and the retailer did not remove it from their shelf, a consumer may have a case if they get injured. The retailer may be required to provide consumers with sufficient warning about defects and inform them of how to repair or replace the product. Their failure to do so constitutes negligence.

Product liability is protected in the Consumer Protection Act. Everyone therefore has the right to sue and receive compensation from any injuries that resulted from defective products.

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