New risks for retailer liability
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Retailers are facing increased liability for products they neither manufactured nor designed. The list of product liability claims against retailers is long and includes, e.g. Chinese drywall (Lowe’s, Home Depot), Mattel toys (Target, Wal-Mart), Roundup/glyphosate (Home Depot, Lowe’s, Costco), cosmetic talc (Target, Walgreens), e-Cigarettes and vaping devices, and even dog leashes (Amazon).
Under product liability laws in most states, any person or entity in the chain of product sale and distribution can be held liable for resulting injuries or damages caused by a defective product. With thousands of potential plaintiffs, retailers can find themselves facing costly and protracted class action litigation.