Product Liability Suit Against Retailer and Manufacturer Over Equipment Defect

An individual was injured while using equipment purchased from a retailer who, in turn, had acquired it from a manufacturer; the injured party sued both the retailer and the manufacturer for damages, asserting product liability based on breach of implied warranty of fitness for purpose and negligence. The court held that the claim against the retailer, based on the direct contractual relationship, was distinct from the claim against the manufacturer, which was based on fault; the court ultimately upheld the trial court's finding that while the retailer could be held liable under contract for the undisclosed defect, the manufacturer was not liable because the claimant failed to prove the manufacturer committed a specific fault in the design or construction that directly caused the injury, thus rejecting the appeal against the manufacturer.