Product seller liability extends to sellers who controlled design, made independent warranties, altered goods, or failed to pass warnings. A product seller who is not the manufacturer can be liable where the seller exercised substantial control over design, testing, manufacturing, packaging or labelling; altered the product and that alteration substantially caused harm; made an independent express warranty that the product failed to meet causing harm; sold a product when the manufacturer is unknown or cannot be served or enforced; or failed to exercise reasonable care in assembly, inspection or maintenance or failed to pass on manufacturer warnings or instructions, and such failure was the proximate cause of the harm.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Product seller liability extends to sellers who controlled design, made independent warranties, altered goods, or failed to pass warnings.
A product seller who is not the manufacturer can be liable where the seller exercised substantial control over design, testing, manufacturing, packaging or labelling; altered the product and that alteration substantially caused harm; made an independent express warranty that the product failed to meet causing harm; sold a product when the manufacturer is unknown or cannot be served or enforced; or failed to exercise reasonable care in assembly, inspection or maintenance or failed to pass on manufacturer warnings or instructions, and such failure was the proximate cause of the harm.
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