While you may know that manufacturers are often liable for crashes, there are some situations in which a retailer may play a role. Because we want you to understand your rights after a crash involving an auto defect, we’ll help explain how retailers can cause significant harm.
Retailers have a responsibility to consumers. They must ensure the products they sell are safe and don’t cause harm. When they overlook this important factor, retailers do hold some accountability for injuries resulting from auto defects.
Failing to Comply with Recalls
If there’s a recall for a specific automotive part, the retailer must abide by the recall. They should know to remove the product from their shelves to prevent harm from occurring. When they don’t, they contribute to the accident and may hold some liability for the injuries that occur.
Here’s a scenario in which a retailer is liable:
- A recall comes out, informing the public that there’s an issue with a specific set of brakes.
- The retailer keeps the brakes on the shelves and sells it to you when you need to replace your brakes.
- You use the new, recalled brakes on your vehicle.
- The brakes fail while you are driving and trying to stop (which is what the recall details).
- You crash into another vehicle or property because your brakes failed to stop your vehicle.
In this situation, you can hold the retailer accountable.
Passing Off Used Items as New
Another way retailers may be accountable for negligence is pass off a used product as new. For instance, some older tires may experience significantly worn treads. Retailers may disregard a potential defect or problem with the tire, retread it, and sell it as new. Lying to the public and failing to warn of the danger makes the retailer liable.
Our Austin car accident attorneys at Briggle & Polan, PLLC are ready to help you safeguard your rights. Our team will stand in your corner throughout the entire situation, explaining your options and working to hold negligent parties accountable for your damages.
Call us at (512) 400-3278 today to learn what rights you have.