If your company makes or sells physical products, you need to take steps to insulate yourself from any legal troubles resulting from injuries suffered by users of those items. This is because it is typical for someone who has suffered a mishap to sue everyone associated with the product. Even if all you did was sell it to the person, you may find yourself targeted in such a suit. Here are some steps you can take to minimize your liability:
Good testing practices and meticulous recordkeeping is essential for defending yourself against product liability claims. Have an independent lab test your product to make sure it holds up under normal use. When it passes the tests, be sure to keep the test results in a place where they won't get lost. If the product doesn't pass, resist the urge to sell it anyway. Fixing problems will not only help you on the legal front but will help to ensure that orders keep coming in.
As a retailer, you can't be expected to test every item on your shelves. However, you can be sure to keep up on recall notices and other signs of trouble. If you find out about a recall, or simply have an unusually high number of complaints about an item, pull it off of your shelves. Having this as a standard practice will show that you've made a good-faith effort to only sell products that are reasonably believed to be safe.
If you find that you've been caught in the wide net of a product liability lawsuit, don't try to talk your way out of it on your own. Contact us here at the Posey Law Firm for competent representation by a licensed attorney.
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