When a defective product causes injury or damage, most people naturally think about suing the manufacturer. But what about the retailer that sold the product? Can you hold a store or online seller legally responsible if they sold you a dangerous or faulty item? The short answer is that retailers can be held liable under certain circumstances.
Understanding when and how you can pursue a claim against a retailer is important to protect your rights and get the compensation you deserve. This article explains the basics of retailer liability in product defect cases and what steps you should take if you’ve been harmed.
When Can a Retailer Be Held Liable for a Defective Product?
Retailers often act as the link between manufacturers and consumers. While they don’t make the products, they are responsible for ensuring the items they sell are safe. The key question is whether the retailer’s role goes beyond simply selling the product.
In many states, retailers can be held liable if:
- They knowingly sell a defective or recalled product.
- They fail to remove or warn customers about a recalled product.
- They misrepresent the product’s safety or features.
- They alter or repair the product in a way that causes or contributes to the defect.
- They sell the product despite having reason to believe it is unsafe.
In product liability law, retailers are often treated as part of the chain of distribution. That means they can share legal responsibility with manufacturers and distributors when an unsafe product causes injury.
Types of Claims Against Retailers
If a defective product injured you, you might pursue several types of claims against a retailer, including:
- Negligence: If the retailer fails to act reasonably—such as by ignoring a known defect or recall—they may be negligent.
- Strict Liability: Some states apply strict liability to all product distribution chain parties, including retailers. This means the injured party does not need to prove negligence, only that the defective product caused harm.
- Breach of Warranty: If a product fails to meet safety standards or promised features, retailers who sold that product may be liable for breaching implied or express warranties.
Each claim requires different elements of proof, so consulting with an attorney knowledgeable in product liability is crucial.
What Should You Do if Injured by a Defective Product Sold by a Retailer?
If you’ve been injured by a product you bought from a retailer, taking these steps can protect your rights:
- Keep the Product and Packaging: Preserve the defective product, its packaging, and your receipt. This evidence can be vital in proving your case.
- Document Your Injuries and Damages: Take photos of injuries and any property damage. Save medical records, bills, and reports.
- Report the Incident: Notify the retailer about the injury and the product defect. Also, report to consumer safety agencies if applicable.
- Avoid Using or Altering the Product: Continued use or modification could weaken your claim.
- Consult an Experienced Product Liability Lawyer: An attorney can evaluate your case, identify all responsible parties, and guide you through the legal process.
Why Work with Bullock Legal Group?
At Bullock Legal Group, we understand that defective products cause real harm—physically, emotionally, and financially. We are committed to holding every responsible party accountable, whether that’s the manufacturer, distributor, or retailer.
Our experienced team will thoroughly investigate your claim, gather expert testimony, and fight to maximize your compensation. We know how to navigate complex product liability laws and will ensure your rights are protected every step of the way.
Nationwide Product Liability Claims
If you or a loved one has been injured by a defective product purchased from a retailer, don’t wait. Contact Bullock Legal Group today for a free consultation and find out how we can help you seek justice and recover damages.
