How a Merchant/Retailer Errors Contribute to a Defective Product

The main problem in suing a merchant or retailer because of injury sustained from defective product is the burden of proof requirement by the courts. In product liability cases, the burden of proof is always on the consumer or plaintiff. In this case, they must prove that the retailer knew the product was defective and with that knowledge, knowingly sold it to consumers without regard for consumer safety.

When retailers or product manufacturers are sued, their typical argument is that accidents and injuries result from improper use of the product, rather than the product itself being defective. If the product was manufactured within existing code and specifications, then usually, the retailer is not held accountable. A classic case was a situation involving the Walmart Corporation, which sold a certain type of red plastic gas can that sometimes caught on fire. Consumers maintain the can was defective when made and should be equipped with a simple and cheap safety feature.  Walmart claimed consumers misused the can and thereby caused it to burst into flames.
Given the size of Walmart, critics contend the company could have required the manufacturer to change its design. Walmart has in fact done this in the past. Before this controversy, Walmart fielded consumer complaints in a similar situation, requested, and got the manufacturing changes to please its customers.  Other big retailers have also been known to use similar clout to please their customers when problems arise with a product.

Yet, to date, the big retailer has not asked for the desired manufacturing change in this present day case which has left some consumers seriously injured. One possible reason is perhaps the fact that very few customers are affected by the alleged product defect. Giant corporations usually don't act unless forced to do so, say industry experts. Until more consumers have the problem, the actual reason behind the alleged product defect will remain hidden. Any lawsuits will remain stagnant and probably dismissed in favor of Walmart, especially if the plaintiff can't show intent to harm on the part of the Walmart Corporation.

The New York accident lawyers of Worby Groner Edelman, LLP represent victims of premises liability, construction accidents, and medical malpractice.