As a dispensary, you may be liable for issues with the products you sell, even if you are not the manufacturer of the product. According to a source, product liability claims usually center on the manufacturer of an item. However, the seller will invite scrutiny when a defective product causes injury or property damage. The general rule is that as long as the seller has not had the opportunity to modify or otherwise tamper with the product as received from the manufacturer, the seller will not share in the manufacturer’s potential liability. This general rule has exceptions. For example, if the manufacturer and seller are the same entity, then the manufacturer cannot attempt to hide behind its “seller” status to avoid liability. Also, if the plaintiff’s claim is warranty-based or in situations when the manufacturer cannot be reached under the state’s long-arm jurisdiction, then the seller may also be exposed to liability for selling a defective product. Each product liability claim needs to be examined on its facts to properly identify the appropriate defendants if a lawsuit becomes necessary. It is advisable to consult with a legal professional to understand your legal rights and to pursue damages claims against all who may be legally responsible.
