10 Ways a Non-Manufacturer Can Be Held Liable as the Manufacturer

And what you can do to change that

When might the courts look on retailer, assembler or distributor as the manufacturer in product liability claims?

Most retailers, assemblers and distributors of products aren’t aware of the actual degree of liability for which they are responsible.  Here are 10 ways you may be ultimately responsible for a defective product, even if another company manufactured it:

1. You rebuild or remanufacture a product for resale.
2. You exercise control over the manufacturer, such as providing product specifications
3. The seller of the product is a subsidiary or agent of the manufacture and the manufacture exercises control over the seller
4. You are the successor of a manufacturer of an injury-causing product
5. You are an employer and you modified a product or manufactured a product that injured your employee.
6. Your advertising leads the public to believe you are the manufacture
7. Your sales methods lead the public to believe you are the manufacture
8. You represent yourself as the manufacture of the product to the public
9. You apply your name, trade name or trademark to the product
10. Your company is the importer and distributor of a foreign product

The bottom line

If a manufacturer makes a product for you, it is important that that you clearly identify the manufacturer on a label or other markings of the product. Therefore, distinguish yourself as a distributor by putting “distributed by” or “made for” on the label or product.

Have question about this or anything else concerning product liability? Call us at 800-622-7370.