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Washington Revised Code Title 7. Special Proceedings and Actions § 7.72.040. Liability of product seller other than manufacturer--Exception

Current as of April 06, 2022 | Updated by FindLaw Staff

(1) Except as provided in subsection (2) of this section, a product seller other than a manufacturer is liable to the claimant only if the claimant's harm was proximately caused by:

(a) The negligence of such product seller; or

(b) Breach of an express warranty made by such product seller; or

(c) The intentional misrepresentation of facts about the product by such product seller or the intentional concealment of information about the product by such product seller.

(2) A product seller, other than a manufacturer, shall have the liability of a manufacturer to the claimant if:

(a) No solvent manufacturer who would be liable to the claimant is subject to service of process under the laws of the claimant's domicile or the state of Washington; or

(b) The court determines that it is highly probable that the claimant would be unable to enforce a judgment against any manufacturer; or

(c) The product seller is a controlled subsidiary of a manufacturer, or the manufacturer is a controlled subsidiary of the product seller; or

(d) The product seller provided the plans or specifications for the manufacture or preparation of the product and such plans or specifications were a proximate cause of the defect in the product; or

(e) The product was marketed under a trade name or brand name of the product seller.

(3) Subsection (2) of this section does not apply to a pharmacist who dispenses a prescription product in the form manufactured by a commercial manufacturer pursuant to a prescription issued by a licensed practitioner if the pharmacist complies with recordkeeping requirements pursuant to chapters 18.64, 69.41, and 69.50 RCW, and related administrative rules.

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Cite this article: FindLaw.com - Washington Revised Code Title 7. Special Proceedings and Actions § 7.72.040. Liability of product seller other than manufacturer--Exception - last updated April 06, 2022 | https://codes.findlaw.com/wa/title-7-special-proceedings-and-actions/wa-rev-code-7-72-040/

Read this complete Washington Revised Code Title 7. Special Proceedings and Actions § 7.72.040. Liability of product seller other than manufacturer--Exception on Westlaw. Westlaw subscription required.

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