Resale Vendors Civilly Liable under Federal Law for Injuries Resulting from Recalled Products
From time to time, we report on defective products in Tennessee that were recalled some time ago. We do this for a number of reasons, three of which are discussed here. First, after-market vendors in Tennessee and throughout the United States continue to sell products that are known to be dangerous to consumers. Awareness of product safety is your first-line defense against dangerous products.
Second, as the number of online purchases increase, so too does the potential for people to purchase recalled, dangerous goods.
Third, on August 14, 2008, the President signed the Consumer Product Safety Improvement Act of 2008 (CPSIA) into law, which prohibits sellers of used products from selling products subject to recall. Thus, under the new law, resale vendors who knowingly sell a recalled product are civilly liable under federal law to plaintiffs who have been injured as a result of a dangerous and defective product.
The key to the federal claim is proof that the vendor had knowledge that the product was recalled. With the increased efforts of the CPSC to inform resale vendors of recalled products, it should be harder for defendants to claim they didn’t know.
For example, CPSC recently began a public awareness campaign—what it calls a “resale round-up”—“to protect consumers by getting dangerous recalled products out of resale stores and off the Internet.” As part of this campaign, CPSC partnered with the National Association of Resale & Thrift Shops (NARTS), the Salvation Army, state agencies, and others to unite and coordinate efforts to alert re-sellers about recalled products and product hazards. The CPSC has also enhanced its internet surveillance monitoring of online retailers and auction sites for sales of recalled and hazardous products. When the CPSC discovers an infraction, they notify the seller and take appropriate enforcement action.
The CPSC also released a new “Handbook for Resale Stores and Product Re-sellers” to help vendors to comply with the law. This handbook is also a handy resource for consumers in Tennessee who frequently purchase used products. It can be found at www.cpsc.gov/cpscpub/pubs/thrift/thrguid.pdf.
If you have been injured by a defective product that you purchased from a used product retailer or from an auction site (such as E-Bay), consult with an experienced Knoxville products liability attorney from Baker Associates to learn more about your legal options. Call 866-853-2888 today.
