Asked in Products Liability for District of Columbia

Q: A product that I bought used injured me. Can I bring a suit against the seller, the manufacturer, or both?

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1 Lawyer Answer

David Benowitz

PREMIUM
Answered
  • Washington, DC
  • Licensed in District of Columbia

A: States are split regarding product liability for sellers of used products. Some states specifically exclude the sale or repair of used products from products liability rules. In other states, the general products liability rules apply. Among the states that apply general products liability rules, there exist another split. In most states, a person who remanufactures a product is liable if the he was somehow negligent in repairing, rebuilding, or reconditioning the product, but is not subject to strict liability for defects. In a minority of states, a person who remanufactures a product may be subject to the products liability rules as if he were the original manufacturer.

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