With whom should responsibility for Tylenol Burkholderia cepacia contamination rest: raw materials supplier, manufacturer, or retailers?

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dimitrykaplun | 2 years, 6 months ago

Under the current laws, any retailer, manufacturer, or provider of raw materials that ultimately placed the product into the "stream of commerce" can be held jointly and severally liable for any product liability claim. It is then up to the manufacturers and retailers to figure out a way to absolve themselves (or lessen liability) away from the contamination suit.

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extrudedcow | 2 years, 7 months ago

The raw materials supplier is responsible for the contamination. Assuming the manufacturer had no knowledge of the contamination, and promptly issued a recall. Retailers should hold no liability unless they failed to examine and pull the affected product off the shelves.

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jlmqwest | 2 years, 6 months ago Report

I agree because it is hard to understand how the retailer could be held accountable unless negligent in removing items from shelves/sales in a timely fashion. If it cannot be determined who between supplier and manufacturer is accountable, it seems they should be equally accountable.

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