Understanding the ‘musical chairs’ of defective product liability. A reader recently submitted the following question: What do you do when a retailer supplies bad wood and you are stuck between the suppliers and the mills? Who’s at fault?
Hellmuth & Johnson attorney, Blake Nelson, discusses this issue with Wood Floor Business.
“This is a common issue. The manufacturer sold a defective product, so one might think the manufacturer is responsible for the consequences. However, almost all flooring manufacturer warranties limit liability to product replacement and disclaim any responsibility for labor to remove and replace the bad product. These limited warranties usually also protect manufacturers against additional costs, such as removing and reinstalling baseboards or refinishing the floor. A published warranty with disclaimers that is available for review is generally enforceable, even if the end user was not actually aware of it.”
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