Can You Hold a Retailer Liable for a Defective Product?

Suffering an injury from a defective product often leads people to believe they can sue the retailer where they made the purchase. In Washington, however, retailers are usually shielded from such liability, with the responsibility typically resting on the manufacturer. Nevertheless, there are important exceptions that could be pivotal for your case. Please read on to discover the specific situations in which a retailer might be held accountable for a defective product injury and how our skilled Product Liability Lawyers can help you understand your legal options. 

Can You Sue a Retailer for a Defective Product in Washington?

Under the Washington Product Liability Act (RCW 7.72.040), retailers, distributors, and wholesalers acting as “pass-through” sellers are exempt from liability for product defects attributed to the manufacturer. This protection acknowledges that non-manufacturing entities don’t participate in the design, engineering, or rigorous testing of the products they distribute, and therefore lack the technical capacity to identify latent manufacturing or design flaws. Washington’s legal framework is distinct from jurisdictions that impose strict liability on those involved in the sales chain. 

When Is a Washington Retailer Responsible for a Defective Product? 

While retailers typically enjoy certain protections under the WPLA, it outlines the circumstances in which a retailer is legally treated as the manufacturer, inheriting full liability for a defective product: 

• Jurisdictional Barriers: No solvent manufacturer is available for service of process within your home state. 
• A Judgment Against the Manufacturer Couldn’t Be Enforced: A court decides that you probably couldn’t collect money from the maker because they’re insolvent or unreachable. 
• They’re the Same Company: The retailer and manufacturer share a parent-subsidiary relationship. 
• The Retailer Helped Design It: The store gave the specific plans or technical specs that caused the defect. 
• It’s a Store Brand: The item was sold under the retailer’s own label (like a generic store-brand product). 

It should be noted that the burden of proof falls on the plaintiff. This means that to hold a retailer liable for a manufacturer’s mistake, the plaintiff must prove that their case falls within one of these specific legal exceptions. This store is basically off the hook by default unless you can present evidence to prove otherwise. 

Can Retailers Be Held Liable for Their Own Conduct?

Beyond the exceptions, a retailer can be held liable for harm caused by its own actions, regardless of the original manufacturer’s role. Sellers may face liability when they have: 

• Acted with negligence, such as by mishandling, incorrectly assembling, or improperly storing a product in a manner that led to the defect. 
• Provided and failed to honor an express warranty about the quality or safety standards of the product. 
• Deliberately shared false information regarding significant or material aspects of the product. 

As you can see, Washington’s product liability law makes it much more difficult, but not impossible, to hold a retailer liable for a defective product injury. Contact Calbom & Schwab Law Group, PLLC, today for a consultation.