7.72.040 - Liability of product seller other than manufacturer -- Exception.

Liability of product seller other than manufacturer — Exception.

(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.

[1991 c 189 § 2; 1981 c 27 § 5.]