U.S. Sellers of Foreign Goods on the Hook: The Retailers Immunity Act May Not Provide Adequate Protection

    17 December 2007

    You need only watch the nightly news to learn that millions of consumer products manufactured overseas for U.S.-based companies have been the subject of recalls in recent months. Inevitably, product liability suits will follow. Having neither the resources nor the inclination to pursue the overseas manufacturer, the plaintiffs will most often sue the domestic company whose name is on the product, without regard to that seller’s lack of involvement in the product’s design or manufacture. Targeted as the prime defendant, what is that innocent seller to do? This article explores the efficacy of the part of the New Jersey Product Liability Act known as the Retailers Immunity Act, N.J.S.A. 2A:58C-9, which was promulgated to help insulate innocent sellers from such product liability suits.

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