Generally, both the manufacturer and the selling merchant are liable for product liability damages. You can't get double recovery, but you can seek payment from both.
Sorry, there are just too few facts here to be able for a lawyer to understand the situation. The written agreements, if any, must be consulted, along with knowing the custom in the particular industry. Find a good business lawyer and give him or her all the facts.
I believe both are jointly and severally liable for a defective product, meaning you can use either or both. If the manufacturer is willing to pay, the retailer is not required to pay. If neither is willing to pay, you can bring a claim against either or both.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.