Is a Retailer Responsible for a Defective Product?

When you purchase a product from a trusted retailer, the last thing you may expect is for it to be defective. Nonetheless, incidents like this occur more often than you may initially realize in the state of Florida and throughout the country. However, it is important to note that a retailer may not necessarily be to blame for your incident and your subsequent injuries and damages. Continue reading to learn when a retailer might be responsible for a defective product and how an experienced Tampa product liability lawyer at Merricks Law Group, P.A. can help you prove the negligence of the at-fault party.

Under what circumstances is a retailer to blame for selling a defective product?

First of all, when defects are identified within a certain product, the Consumer Product Safety Commission is supposed to issue a recall to all its retailers. Therefore, retailers must promptly respond to this recall by removing this product from their shelves and overall inventory. Further, they are responsible for informing all customers who have purchased this product about the recall notice. They must also offer guidance on how customers can safely discard, repair, or replace this product. It is when a retailer fails to uphold these duties that they may be blamed for your defective product accident and your subsequent injuries and damages. But if these circumstances do not apply to your case, then you must proceed further with properly identifying the at-fault party. That is, you may potentially have to blame the product’s designer, manufacturer, distributor, or any other party involved in placing this product on the market.

What do I need to prove for my product liability claim?

Regardless of who exactly is the at-fault party for your defective product accident, you must prove their negligence in your product liability claim. More specifically, as the plaintiff, you must prove the following circumstances as true:

1. The defendant owed you a duty of care.
2. The defendant knew, or should have reasonably known, that a defect was present within the product.
3. The defendant failed to execute their duty of care by neglecting to promptly rectify the defective product.
4. You incurred serious injuries and damages after coming into contact with the defective product.

And to prove the aforementioned circumstances as true, you must obtain several pieces of proof. This may even entail submitting the defective product itself, so long as it is safe to do so. Additional evidence may entail photos of your visible injuries, doctor’s notes regarding the extent of your injuries, paperwork regarding the extent of your medical bills and lost wages, and more. So when it comes to your product liability claim, there is no question that a skilled Hillsborough County personal injury lawyer is the best fit for you. Please contact Merricks Law Group, P.A. at your earliest possible convenience.