You CAN do something abou'

DRODUCT LIABILITY is a conf stant threat to retailers, especially those who sell hand tools. Can anything be done about it?

Yes, says the Hand Tools Institute. The fact that you are sued does not necessarily mean that you are legally responsible or liable. However, the chances of your getting involved are increasing as more and more people becorne do-it-yourselfers and more and more law suits are filed in this era of consumer protectionism.

Simply put, the product liability laws as they apply to a retailer say that a dealer can be legally responsible if he contributed to a defect or creates a defect which causes or con- tributes to an injury. The law also makes the retailer responsible if a salesperson, or any of his employees, misinforms a customer on the proper and safe use of a product. Advertisements which directly or inadvertently misinform buyers also make the retailer responsible. lf during unpacking of merchandise, warning labels are removed, intentionally or unintentionally or if the hand tools are modified or damaged in any way, the retailer is at fault.

Don Rung, manager of technical field services for Lumber Mutual Insurance Co., recommends that in addition a retailer take precautions against allowing uninformed, untrained sales people to recommend tools for specific uses. Sales people, unless they have been schooled in the correct use of tools, should not give advice or make recommendations to customers.

Rung also urges retailers to prepare consumer handouts carrying instructions on the proper use of tools with safety precautions. These, he explains, should be given to each person purchasing a hand tool.

Other precautions include offering clinics or VHS presentations on tool safety, displaying safety charts prominently in the hand tool section and testing all sales people on their tool safety knowledge.

What should a retailer do if he suspects a possible product liability