Can Major Retail Sellers Be Responsible for Product Defects?

Published on Apr 29, 2021 at 1:31 pm in Product Liability.

Shelves with products on them

If you buy a product, use it as intended, and it injures you because it was defective, you can look into your legal options for holding the negligent party responsible. When there’s a faulty product, there are a number of parties who may be held responsible for your injuries. You may wonder if one of the parties could be the retailer you bought it from. In some circumstances, a retail seller could be responsible for product defects.

When Are Retail Sellers Responsible for Faulty Products?

In Mississippi law, there is an innocent seller provision that a retailer may use to claim that they cannot be held responsible for your injuries. However, if the retailer exhibited any of the following actions, then they are not considered an innocent seller:

  • The seller had control over the product in the design, testing, manufacturing, and packaging stages.
  • The seller altered the product or made changes that led to the injuries of the consumer.
  • The seller had knowledge of the product’s defective condition at the time they sold the product.

Retail sellers also need to be aware of products that are recalled. If a product is recalled, the manufacturer will likely not come to the store and remove it themselves. However, the seller will be informed of the product’s defects. It’s then the seller’s job to remove them from shelves. If they continue to sell a product that’s been recalled, then they can be held liable for a consumer’s injuries.

In some cases with recalls, sellers may also need to inform consumers who had bought the product that the product is defective and needs to either be fixed or replaced. If they fail to warn consumers who have already purchased the product, then the consumer could sue them for negligence.

Another situation where a retailer could be held liable for your injuries is if they mishandled the product. If they allowed a product to be in unfit conditions and those conditions caused the product to become dangerous, then they could be considered negligent.

Proving that a retail seller was negligent and caused your injuries can be difficult. It’s important to have representation from a lawyer with experience in product liability on your side.

How Can a Product Liability Lawyer Help You Get Justice?

Because a product can pass through many stages, it can be difficult to pinpoint who was responsible for your injuries. Manufacturers, quality control, shipping, and selling are all various parts of the supply chain where negligence could make the product dangerous. When you have a lawyer investigating your case, they’ll find out how the product default occurred and who should be held responsible for your injuries.

Your lawyer will also handle communication and negotiations with the other parties involved. Representation from the other parties may try to place the blame on you or insist they aren’t liable for your injuries. We’ll collect the evidence to show that they were negligent when they sold you this product and that your injuries happened because of this.

We’ll also make sure to find out how you were injured and what it will cost for you to get the treatment you deserve. If your injuries were severe, it’s possible that you’ve already had ongoing medical treatment and have been missing work. Your lawyer will look into the full costs of the injury and will fight for your compensation to be fair.

Pittman Roberts & Welsh, PLLC Can Help You Fight

The injuries from a defective product can have long-term consequences. When you’re figuring out your recovery process, you shouldn’t have to worry about filing a legal claim on your own. Our law firm can help you with your legal matters so you can focus on your recovery.

We’ll conduct a thorough investigation to find out how the product malfunctioned and how it harmed you. If we find that the retailer was negligent, we’ll hold them responsible for their actions. While they may have representation of their own, our lawyers will not be intimidated when we’re fighting for you.

It’s important to get started on your case as soon as possible so you don’t miss the statute of limitations. If you’re outside of this statute, you won’t be able to file a claim. Your lawyer will provide you with the time you have, but it’s always better to reach out as soon as you can. Contact our office today so we can review your case and start seeking justice.

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