With the ever-increasing dependence of the consumer on his retailer to supply the consumer's needs, the increasing importance of implied warranties is clearly seen. It is for the retailer to see that the goods which he sells are suitable for the use and purpose which the consumer will make of them. Failure to offer suitable merchandise should carry with it liability for the resulting loss suffered by the consumer. When injured consumers have chosen to seek recovery from the wholesalers of goods which have caused them harm, they have generally brought actions for negligence or for breach of implied warranty of quality.The consumers have been most successful in negligence actions against wholesalers where they have not had to prove fault in the wholesaler in order to recover. Recovery is, of course, more difficult when some degree of fault must be shown in the wholesaler, since the wholesaler's function is usually only to handle the goods with little opportunity to cause the commodities to be deleterious.
William J. Hotes, Liability of Retailer and Wholesaler, 8 Clev.-Marshall L. Rev. 48 (1959)