Can a Retailer Be Sued for Defective Products?
While we use products every day, there’s a possibility that they might hurt us. Your brakes might fail, your phone might overheat and burn you, or a medication you rely on may make you sicker. In most cases, you have the option to sue the manufacturer. They have a responsibility to make sure their products are safe.
When they’re not the ones responsible for your injuries, however, can a retailer be sued for defective products? In some cases, it’s possible. You’ll need a product liability lawyer from Craig Swapp & Associates to fight back when you believe a retailer is responsible for your injury. They’ll review your claim and make sure you’re seeking compensation from the right person or group.
Liability for Defective Products
Product liability claims will require that you do a little research before you file your claim. Most injury claims stem from an injury caused by another person, and product liability claims are no different. These claims, however, can be a little more difficult because the person likely wasn’t even present for your injury.
As such, you’ll need to determine what caused your injury and who would have been responsible for that defect. Product defect cases usually come from one of a few defects:
- Defects in design
- Defects during manufacturing
- Defects in marketing
In most of these cases, the responsibility falls on the manufacturer, and most stores will push that a defective product is the manufacturer’s responsibility. So, when can a merchant be held responsible?
When a Retailer Can Be Sued
While retailers might not have caused the product defect, they do have a responsibility to protect their consumers, within reason, against a defect that could harm them. If they sold a product that was known to be defective and dangerous, they might be responsible.
For example, let’s say you bought a toaster, and you were injured when it caught fire. While researching who might be responsible, you find that there was a recall issued before you bought the toaster. However, the retailer didn’t pull the product from the shelves and willingly sold it to you.
In this case, the manufacturer did cause the defect. The manufacturer, however, acted reasonably and responsibly to avoid exposing customers to the defective product. The retailer would then be the responsible party for continuing to sell a product they know is dangerous.
Get Help Finding the Responsible Party
Product liability can be a little complicated for the victim of an accident because the responsible party might be hard to find. When another car hits you, or when a doctor is negligent, who’s responsible is much clearer. But with a defective product, when is the manufacturer responsible, and when can a retailer be sued for defective products?
You may need to file a claim against the store you purchased the item from, but to do that, you’ll need help. If you’re not sure who to sue or how to file your claim, reach out to the lawyers at Craig Swapp & Associates for a free consultation. Before you sign anything, we’ll help you determine who’s responsible and what you’ll need to do.
Before you make decisions about your claim, speak to our lawyers so you know we’re the right firm for you and your defective product claim. To get started, call us at 1-800-404-9000 or complete the online form below.