Who is liable for a defective product?

In New York, the parties liable for a defective product are typically the manufacturer, the distributor, and the retailer. Generally, the manufacturer is liable for a defective product if it did not reach the consumer in a safe and acceptable condition. This means the product had a defect when it was manufactured or as the result of a manufacturing process, which caused injury or damage to the consumer. The manufacturer can also be liable if they failed to provide adequate instructions or warnings concerning the use of the product. The retailer is liable for a defective product if they had knowledge of the defect or they should have been aware of it through reasonable inspection. This means that if the retailer is aware of the defect or danger posed by the product, they have a responsibility to warn consumers. Distributors are liable for a defective product if they had knowledge of the defect or were careless when it comes to inspecting the product or relying on the manufacturer to do so. This includes distributors of products that are already defective or become defective when they are shipped. Additionally, the seller may be liable for any defects that occur during repair or servicing. If they fail to perform the repairs according to manufacturer instructions or fail to inspect the product for additional damage, they may be held liable. Ultimately, the parties who are liable for a defective product will vary depending on the circumstances of the case and how the product was designed, manufactured, distributed, and sold.

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