What is the liability of a seller or distributor of a product?

In California, a seller or distributor of a product is liable if the product is dangerous and causes harm to a person, property, or the environment. A seller or distributor may be held responsible for any injuries, illnesses, deaths, or property damage caused by a dangerous product. The seller or distributor may be liable for the product under three main theories: (1) strict liability, (2) negligence, or (3) breach of warranty. Under the theory of strict liability, the seller or distributor of a dangerous product may be held liable if the product was dangerous when it reached the consumer. If the seller or distributor was negligent in providing warnings or instructions regarding the product, or if the product was defective, they may also be held liable. Lastly, if the seller or distributor failed to meet the warranty terms of the product, they may also be held liable. The seller or distributor may also be held liable for punitive damages. Punitive damages are meant to punish the seller or distributor for their negligent or grossly negligent behavior. Punitive damages are typically reserved for cases involving extreme misconduct or willful and wanton disregard for safety regulations. Ultimately, the level of liability that a seller or distributor of a product will face depends on the particular circumstances of the case. If the seller or distributor knew that the product was dangerous or that they were negligent in providing warnings about the product, they may be held liable for damages that result from its use.

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