10 Ways A Non-Manufacturer Can Be Held Liable As The Manufacturer

When can a retailer, assembler or distributor be viewed as the manufacturer in courts for product liability claims?

Most retailers, assemblers and distributors of products are not aware of real degree of liability for which they are responsible.  Below are 10 ways you may be ultimately responsible for a defective product even though another manufactured the product:

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

It is important that if a manufacturer makes a product for you that you clearly identify the manufacturer on a label or other markings of the product and you distinguish yourself as a distributor by “distributed by” or “made for” wording on the label or product.