An important step in a product liability case is determining where the fault took place: was it the retailer who was negligent, was the manufacturer to blame for producing a defective product or can they both be blamed for the injuries that resulted? Talking to one of our Los Angeles personal injury attorneys can help you in these types of cases. The retailer has a legal duty towards his clients and you should know your rights if you have been injured after purchasing a retail product.
The retailer’s negligence
Retailers who continue to sell products that have been recalled can be accused of negligence. For example, this can apply to car dealers if you were injured in a vehicle accident
caused by malfunctioning car parts. The breach of a duty of care same applies if the retailer promotes and sells a product without specifying the safety issues or without providing adequate instructions for use.
In a product liability lawsuit, the plaintiff must show that he was injured by using the product. This claim can be backed up with medical records, eyewitness reports, and statements.
The burden of proof
In product liability cases
, the burden of proof falls on the plaintiff. This means that he will be the one who needs to show that the accident took place particularly because of the retailer’s negligence. At this point, you can consider talking to a Los Angeles personal injury attorney
. He will be able to determine if the retailer was indeed aware of the existing issues with the product, before ordering and selling it.
Retailers can also be accused of breach of warranty when they explicitly fail to observe the oral or written contract with their customers.