What liability issues does a retailer/distributor have in distributing illegal fire extinguishers?
Every product seller faces product liability exposure for the sale of an unreasonably dangerous product. This legal theory is called strict tort liability and responsibility is placed on a product seller even though the seller is not negligent. The responsibility is based upon the product’s condition at the time the retailer makes the sale-i.e, the extinguisher’s design, suitability for its intended use, adequacy of testing, instructions, warnings, presence of any production defects, express and implied warranties, etc. Although a retailer may be drawn into product litigation, in many cases the retailer is entitled to recover its losses (excluding its attorneys’ fees) from the person in the commercial chain who created the defect. This is most often the manufacturer who exercises control over the extinguisher’s design, production, testing and marketing. The question to ask is, “Will the manufacturer be financially able to reimburse the retailer for these costs?” An extinguisher’s price
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