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HABLAMOS ESPAÑOL
(877) 880-4090It may sound counterintuitive, but yes, stores can be held liable for product-related injuries in certain cases. Although the manufacturer may seem like the obvious party to sue, the company that sold the item to you could also be liable under US product liability law.
The National Safety Council (NSC) reports that more than 15 million people were injured by consumer products in 2024, and statistics suggest these rates are rising each year. If you got hurt using a product that was defective, you have the right to explore your legal options and fight for compensation for the losses you have suffered – including finding out whether you can sue the retailer that sold it to you.
In this blog, we will explore how product liability works, how stores are involved, and how you can seek justice if you have been injured by an encounter with a defective product.
Product liability laws allow injured consumers to seek compensation when a product is defective or unreasonably dangerous. It works differently from personal injury laws, which focus on proving negligence.
In states that follow the legal doctrine of strict liability, an attorney does not have to prove negligence.
He or she must simply prove:
Every party in the chain of manufacture of a product is potentially liable in a product liability case, including the store that sells the product. Depending on the product, the chain of manufacture may include:
If the product is inherently defective, parties at every level of the chain could face product liability suits. The definition of products does not just include items you pick up at the store. It can also include houses, writings, pets, and intangible items, such as household utilities.
At first glance, it may seem a little unfair that stores could be held liable for products they did not manufacture. However, the legal system sees things differently.
Retailers have a duty of care toward their customers. As the final party in the chain of manufacture, they assume the responsibility for ensuring that the products they sell are free from defects and will not cause harm when used properly.
Retailers can and should take the following steps to ensure the products they stock are safe:
Allowing consumers to sue the retailer also gives them someone to sue if the manufacturer goes out of business.
This principle was established by the landmark 1964 case of Vandermark v. Ford Motor Co. In this case, the Supreme Court of California established that the manufacturer and the retailer can both be held strictly liable for defective products.
Generally, there are multiple parties you can sue in a product liability case. One approach is to sue them all and let the courts decide who bears the greatest liability. However, it is important to note that you do not have to be the person who bought the product to sue the retailer.
The following scenarios highlight how you could still sue the retailer without being the one who bought the product.
If you borrowed your relative’s lawnmower and it proved to be defective and injured you, you can still sue the parties in the chain of manufacture. The important point is that the product was defective and the defect caused your injury, not that you were the buyer.
If your neighbor were using a string trimmer and a part flew off and injured you due to a design flaw or defect, you could still have a case. The fact that you were not using the string trimmer and were not the one who bought it does not matter as long as you were injured by a defective product.
Product liability laws for used products vary from state to state. However, it is possible that you may be able to sue the person who sold you the defective used product.
As the examples we just discussed prove, product liability cases can be complex. Additionally, products may be subject to recalls, and by the time you realize you were injured by a product, the manufacturer or store may no longer be in business. This is why it is crucial to work with a product liability lawyer to pursue justice.
Product liability lawyers are not quick to give up when they hit roadblocks, such as retailers that are no longer operating. They will use their legal knowledge and investigative skills to look at every party in the chain of manufacture. They are looking for parties with deep pockets that they may be able to hold responsible for your injuries.
If the store advertised a warranty on the defective product, your product liability attorney may be able to sue for breach of warranty. In effect, the defect breached the warranty, and the store has a responsibility to pay for any resulting damages.
Even if the store did not advertise a warranty, it may come with an implied one. For example, a well-designed lawnmower should not allow blades to fly off during use. Even if the mower did not come with a warranty, the law may state it was implied, and the defect represented a breach of warranty.
Once your product liability lawyer has determined the best route to justice, he or she will start building a strong case and compensation demand. Your attorney will then represent you in negotiations with the store, and they can file a lawsuit and fight your case in court if the store refuses to offer a fair settlement.
Product liability law is clear: Retailers are an integral part of the chain of manufacturing and can be sued for selling defective products. However, the store may be just one of many liable parties.
During your free consultation with a Fielding Law product liability attorney, we will listen to your story with empathy and a desire to see justice done. We will explain your rights, discuss the next steps, and map out a route that may lead to compensation.
Fielding Law’s skilled attorneys are ready to fight for your rights. Call (877) 880-4090 today for a free consultation, or contact us online, to take the first step on the road to justice.