According to Florida case law, a retailer can be held liable for a defective product:
In Sencer v. Carl’s Markets, Inc., Fla.1950, 45 So.2d 671, the Supreme Court of Florida held that the defendant/retailer was liable for injuries caused by unwholesome food found in a sealed can of sardines. In Sencer, supra, the late Justice Hobson, in his well-reasoned special concurring opinion, stated, in essence, that an innocent purchaser may have no recourse against a foreign manufacturer and that the burden of responsibility should be placed upon the retailer in his business transaction with both domestic and foreign manufacturers from whom it purchases. As far as we can determine this is still good law. The case has been interpreted as giving a retailer, found liable in such cases, the right of subrogation against the manufacturer. The Supreme Court, in a later case, Food Fair Stores of Florida, Inc. v. Macurda, Fla.1957, 93 So.2d 860, citing Sencer, supra, with approval, held a retailer liable on the theory of breach of warranty in a case involving worms found in spinach cans.
See: Tarwacki v. Royal Crown Bottling Co. of Tampa, Inc. – 330 So.2d 253.
Related:
- Does A Retailer Have A Duty To Inspect For Product Defects?
- Examples of Product Liability Cases – Bottles and Containers
- Fort Lauderdale Product Liability Attorney
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