When you visit a retail store, you reasonably expect that the products displayed on the shelves for purchase are harmless and will operate in their intended manner when utilized appropriately. Unfortunately, despite using it correctly, underlying defects may make it dangerous. Consequently, you may incur devastating injuries and other losses. Injured parties often wonder whether they can take legal action against the retailer that sold them the product. Please continue reading to learn whether retailers are liable for defective products and how a competent Bronx Product Liability Lawyer can fight for you today.
Can retailers be liable for selling defective products in New York?
When you purchase a defective product, you may feel inclined to absolve the retailer of any responsibility for your losses, as you assume they are not to blame as they did not design or manufacture the product. However, it’s crucial to understand the liability for a defective product may not end with the designer or manufacturer. It’s vital not to dismiss the retailer’s potential liability. Despite not being the primary cause of the defect, they may have played a role in placing the faulty product in the market, putting consumers in harm’s way. If you’ve been injured due to a defective product, it’s vital to understand that multiple parties may bear liability for your injuries.
When retailers advertise merchandise for sale, it’s implied that they have taken the necessary precautions to ensure the product is safe for use. Ultimately, retailers are legally obligated to provide consumers with safe products on their shelves. If a product has been recalled, the retailer is responsible for immediately removing the item from their stores. Therefore, even though they are not responsible for manufacturing or distributing the defective product, they can still be held liable for any injuries or damages caused by an item sold to a consumer.
Who else may be held liable for my injuries?
As mentioned above, multiple parties may be liable for a defective product. Typically, the designer or manufacturer of the defective product will be held accountable as they are responsible for the creation of the product. When the product’s design causes an injury, meaning the designer did not consider user safety when developing it, they would bear liability for your damages. If there is no issue with the design, but the manufacturer does not follow proper protocol or deviates from the approved design, and a consumer is injured as a result, the manufacturer will bear liability.
Although defective product claims against retailers can be challenging to prove, you can maximize your chances of achieving favorable results by enlisting a skilled lawyer from James Newman, P.C. Our legal team is prepared to help you pursue the rightful compensation you deserve.