When a product fails to do what a consumer reasonably expects it to do, there are a number of possible targets for a product liability lawsuit. A design defect can be traced to the manufacturer. Errors in labeling or packaging may fall at the feet of the wholesaler. Independent inspectors might be culpable. The last link in the chain delivering a product to market is the store that sells it. What are retailer liabilities in the case of a defective product?
There are two cases when retailer fault would be a slam dunk. The first is selling a recalled product. If the Consumer Product Safety Commission (CPSC) issues a recall on a product, retailers are expected to know it and promptly remove it from their shelves.
That the original problem which led to the recall originated elsewhere will not protect the retailer in court. Part of providing a reasonable standard of care is to be aware of the recalls that are sent to all retailers selling a product.
Basic negligence is also the fault of the retailer. A good example here would be leaving a package of chicken breasts out long enough that the food was spoiled. There was nothing wrong with the product, the packaging or the delivery. The retailer was simply negligent in their care of the product.
The more challenging gray area comes in the inspection process a retailer uses when a product is delivered from the wholesaler. A retailer is responsible for what’s on their shelves, but they are allowed to have a reasonable level of confidence in what’s being delivered to them.
As long as the store in question has a basic inspection process that will notice obvious problems, they aren’t expected to be aware of a subtle design defect. In a case like this, the plaintiff would have to target someone further up the ladder.