Someone Was Injured by Your Product. What Happens Now?
Why “we passed the safety test” isn’t a defense
US product liability is strict liability: the question is whether the product was unreasonably dangerous, not whether the seller was careless. A product can comply with industry standards and still support a claim. And because plaintiffs typically sue everyone in the chain at once — platform, seller, manufacturer, brand — being a reseller rather than a maker doesn’t keep you out of it.
There’s a further trap sellers don’t see coming: when the platform is also a defendant, the platform’s lawyer represents the platform, not you. Those costs can still land on your account.
The three types of claim
Design defect — the product is unreasonably dangerous as designed, even when made correctly. Manufacturing defect — a specific unit deviated from the intended, safe design. Warning defect — the manual, label, or packaging failed to warn adequately about a real risk.
That last one catches sellers most often. Cross-border sellers routinely underestimate how much the manual, the warnings, the packaging, and the recall notices matter in a US claim.
The first 24 hours after an injury claim
What you do immediately shapes the entire case:
Preserve everything. The product, order records, customer-service chats, ad copy, manuals, batch and supplier records. Do not delete listings or messages. Notify your insurer and check whether your policy actually covers defense and indemnity for this. Pause the affected listing or batch to stop the exposure from growing. Don’t admit fault — not to the customer, not to the platform. Let a US attorney handle the plaintiff’s lawyer, the platform’s lawyer, and the insurer. Start an internal fact investigation into what actually happened.
The goal is control: over the evidence, the communications, the sales, and the insurance.
Insurance is not the same as protection
Having a policy doesn’t mean you’re covered. Check what type it is (general liability, product liability, umbrella/excess), who it covers (the platform, your US entity, your Chinese entity, the brand, the supplier), and the territory, exclusions, deductibles, limits, and notice deadlines. Report a claim promptly — late notice can void coverage entirely.
What reduces the risk before anything happens
Product liability is one of the few risks where prevention is genuinely cheaper than response: test to the applicable US standards, write real warnings into the manual and packaging, keep supplier contracts with indemnity terms, maintain batch and testing records, and have a recall plan before you need one. The highest-risk categories are children’s products, batteries and electronics, furniture, mattresses, sports equipment, food-contact materials, and health products.
FAQ
Can I be sued if I only resell the product? Yes. US claims typically name the platform, seller, manufacturer, and brand together — being a reseller rather than the manufacturer doesn’t remove you from the case.
My product passed safety testing. Am I protected? Not necessarily. Under strict liability the question is whether the product was unreasonably dangerous, not whether you followed a standard.
What’s the first thing to do if a customer is injured? Preserve all evidence, notify your insurer, pause the affected listing, and don’t admit fault. Get a US attorney involved before responding to the plaintiff or the platform.
General information only, not legal advice. Every case turns on its own facts.