Things To Note When Suing A Retailer For Product Injury

20 July 2018
 Categories: Law, Blog

If you have been injured by a defective product, you need to include everyone involved in the chain of production and supply in your product liability claim. In many cases, this means you should also include the retailer. Here are a few things to include when suing a retailer for a defective product injury. 

The Retailer May Be Solely Liable For Your Damages

In many cases, a product liability claim ropes in many parties; in fact, it's generally advisable to target every party involved in the chain of distribution from the designer to the retailer. However, there are a few cases in which the retailer is solely liable for the defect and hence your damages. For example, a restaurant owner who carelessly handles their fresh produce and contaminates it with cleaning chemicals will be liable for your food poisoning case if the food was safe when delivered by the supplier.

You Don't Have To Be the Buyer

One of the best things about product liability cases is that you don't have to be the buyer to claim damages from the retailer. For example, if your neighbor loans you a lawnmower and it explodes causing you severe burns and cuts, you can sue the manufacturer and retailer of the lawn answer if you can prove that the mower was defectively manufactured. You don't have to prove that you bought the lawnmower; it is enough to prove that the retailer sold a defective product.

You Don't Have To Be the User

Not only do you not have to prove that you were the buyer of the defective item, but you also don't have to prove that you were using the defective item at the time of the injury. For example, if you weren't the one mowing the lawn in the above scenario, it is still possible for the explosion to reach you and cause you injuries (say you were watering the garden). In such a case, you will still be able to claim damages from the retailer and other liable parties.

You Might Be Able To Collect Damages Caused By a Used Product

Lastly, there are even cases where you can claim damages from a retailer even if you have been injured by one of their used products. For example, a retailer who buys used products, repairs them, and then sells them may be liable for damages caused by the products. In many cases, this is only true if the retailer is negligent, for example, if they make an error while fixing up a damaged product. In cases of dangerous products, however, the retailer will be liable for the damages that their used products may cause irrespective of negligence issues.

If you want to pursue a lawsuit against a retailer for product injury, then you should contact a law firm like Terrel DoRemus & Associates for assistance.