Is it possible for retailers to be held liable for selling defective products?

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Upon purchasing a product, whether a simple household good or a complex automobile part, we reasonably trust that the item is safe and suitable for use. When a product is advertised in a store, we should be able to trust that we will not be harmed when properly using it. Unfortunately, that is not always the case, and people become seriously injured when a product has an underlying defect. The companies that create and distribute these products are responsible for ensuring they are safe for consumer use. You may wonder who is liable for your damages if you’ve been injured because of a product defect. Several parties are involved in the distribution chain of a product, which means multiple parties can bear liability for your injuries. Please continue reading to learn whether retailers are liable for selling defective products and how a proficient New York City Defective Product Lawyer can help you find justice. 

Who is liable for product defects?

In most cases, the designer and manufacturer will be held accountable for any injuries or losses caused by a defective product, as they are responsible for creating and distributing it. Injuries can arise when the product’s design does not consider user safety. In some cases, there may be no issues with the design. However, during production, the manufacturer may deviate from the approved design or neglect to comply with proper protocol, leading to a consumer suffering severe injuries. Design and manufacturing defects are the most common culprits of product liability claims. Nevertheless, liability for a defective product may not end with the designer or the manufacturer.

Can retailers be liable for selling defective products?

After purchasing a defective product, you may dismiss the retailer that sold you the product, assuming they couldn’t be blamed for your injuries as they did not manufacture or distribute the product. However, even though a retailer did not design or manufacture the product, they can still be liable for injuries or losses arising from a defective product as they hold a legal obligation toward consumers to ensure the products they advertise are safe.

By placing these products on the market, it’s implied that the retailer has taken the appropriate precautions to ensure the product is safe for consumer use and no injuries will arise when it’s used in its intended manner. When a product is recalled, retailers are responsible for immediately removing the item from their shelves. Ultimately, despite not being the primary cause of the defect, retailers can be liable for selling defective products.

If you or someone you love has been injured because of a product defect, it’s in your best interest to enlist the help of an experienced New York City defective product lawyer from the Law Offices of Brian J. Elbaum, who can guide you through your legal options and assist you in recovering the financial compensation you deserve.


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