Should a Retailer Be Held Liable for a Defective Product?

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If you use an inherently defective product, then you may suffer from broken bones, poisoning, strangulation injuries, traumatic brain injuries, or other types of serious injuries. Whatever your specific injuries may be, you must properly identify the at-fault party of your accident. A potentially liable party may be the retailer of the defective product. Follow along to find out when a retailer may be held liable for a defective product injury and how one of the proficient Howard County product liability attorneys at Lloyd J. Eisenberg & Associates can assist in your legal strategy.

When should a retailer be held liable for a defective product injury?

It is possible that a negligent retailer, who carried the defective product and readily sold it to interested customers, may be to blame for your accident and your subsequent injuries and damages. Without further ado, you may be able to hold a retailer liable if the following circumstances are true:

  1. The retailer received an official recall notice for the defective product from the Consumer Product Safety Commission.
  2. The retailer failed to remove the defective product from their shelves or inventory after receiving the official recall notice.
  3. The retailer failed to officially warn all customers who have purchased the defective product on how to safely dispose of, repair, or replace it.
  4. You incurred serious injuries and damages as a direct result of using the defective product.

But if the aforementioned circumstances do not match up with events that led to your accident, then you must continue investigating. That is, other potentially at-fault parties may be anyone who played a part in placing the defective product on the market. More specific examples include the following:

  • The product designer.
  • The product manufacturer.
  • The product wholesaler.
  • The product distributor.
  • The product marketer.

Am I eligible to file a product liability claim?

Of note, you may be eligible to file a product liability claim if you purchased a product, without being able to have reasonably known about its defects, and got injured after using it in its intended manner. But at the same time, you may still be eligible even if you are not necessarily the owner of the defective product. That is, you may have been simply in the vicinity when another party was using it in its intended manner, and you may have still incurred serious injuries.

Regardless, you must fight to recover your damages so that you may achieve a full recovery, all while holding the negligent party accountable. So when it comes to your product liability claim, there is no question that a talented Howard County personal injury attorney is the best fit for you. Please contact Lloyd J. Eisenberg & Associates at your earliest possible convenience.

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