Can You Sue a Store After a Defective Product Injury?

by Staff | May 24th, 2021

When you buy something from a brick-and-mortar or online store, the worst thing you expect to happen is for it to not live up to your expectations. But millions of consumers have much worse experiences with the products they buy—they or someone they love gets seriously injured by them!

Unfortunately, product manufacturers almost always put profits over safety, and that means many dangerous products make it onto store shelves every year. When people are hurt by those products, they may suffer major financial setbacks and want compensation from the manufacturers. But what about the stores that sell dangerous and defective products—can they be sued, too?

Yes, You Can Sue the Retailer of a Dangerous or Defective Product

Although most of the liability for a dangerous or defective product falls on its manufacturer, other parties also may share some of the blame. These parties include:

  • The wholesaler or distributor—Consumer products often take quite a journey from their original manufacturing facilities before ending in consumer’s shopping carts. Many of them change hands several times between different wholesalers and distributors. These parties can be named in compensation claims by victims who are injured by the products they deal with if they became defective after leaving the manufacturing warehouse or if the distributor failed to notice an obvious defect.
  • The retailer—Whether they’re physical stores or online marketplaces, retailers can share liability for defective and dangerous products with their manufacturers, wholesalers, and distributors.

Why Do These Parties Share Liability for Dangerous or Defective Products?

Although the responsibility for designing a safe product falls exclusively on the manufacturer, it’s also up to wholesalers, distributors, and retailers to ensure that the products they sell are safe for customers. This isn’t always easy for them to do, especially if they sell thousands of unique products, but they are required to make every effort to ensure that the products they distribute or market aren’t defective and dangerous.

They’re also required to pay attention to recall notices and take immediate action when recalls concerning products they distribute or sell are subject to them. That often means removing those products from their warehouses, shelves, and websites immediately before they can be sold, and even making every possible effort to contact the people who have already purchased them to warn them of potential dangers.

Four Facts Must Be Proven to File a Successful Product Liability Claim

Whether you’re suing a product manufacturer, a product distributor, or a product retailer, four facts must be established and backed up with evidence for your compensation claim to be successful:

  1. You suffered physical injuries or financial losses as a result of using the defective or dangerous product.
  2. The defective or dangerous product is wholly responsible for your physical injuries or financial losses.
  3. The defective or dangerous product is proven to be, in fact, defective or dangerous.
  4. You used the product as intended and per its manufacturer’s instructions—i.e., you didn’t violate weight limits or ignore safety warnings.

Get Our Experienced Legal Team on Your Side Today

Product liability claims can be complex, especially if you’re pursuing compensation from multiple parties. The product manufacturers, wholesalers, and retailers at fault may all be large, global conglomerates, and that can make it extremely difficult for individual victims to get the money they’re owed after defective product injuries. But having a lawyer on your side can make all the difference.

At Fleschner, Stark, Tanoos & Newlin, we aren’t afraid to go up against some of the biggest corporations on earth if it means getting fair compensation for our clients. We also know exactly how to build successful defective product injury claims, and we’ll put our years of experience to work for you and your family.

You trusted that the product you purchased was safe, and your trust was violated—now, get the money you’re owed. Contact us today for a free consultation.

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