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"WHO IS LEGALLY LIABLE FOR A PRODUCT'S DEFECTS?"

In brief, the person or organization that introduced the defect is legally liable for the defect. In practice, that's usually the manufacturer -- but not always. Anyone in the "chain of commerce" between the original manufacturer and the store where you buy a product may be liable for the product's defects. This can include:

  • Manufacturers and farmers.
  • Wholesalers.
  • Distributors.
  • Processors.
  • Retailers.
  • Subcontractors.
  • Resellers (in some states).
  • Rental companies (if they fail to maintain rental equipment properly).
  • Individuals, in some cases.
  • Companies that acquired or merged with a liable company.

If you bought a defective product used, the reseller may or may not be liable. This depends on your state, whether there was a written or implicit warranty, and whether the reseller is normally engaged in retail business.



 

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