Liability for Other Product Sellers
Non-manufacturer product sellers within a product’s chain of distribution—such as wholesaler’s, lessors, distributors, and retailers—also may be responsible for the injuries a product causes to a consumer. To prove that a non-manufacturer product seller is liable, a consumer must show the injury resulted from the seller’s (1) failure to exercise reasonable care in selling the product; (2) failure to ensure compliance with an express warranty; or (3) intentional misrepresentation or concealment of product facts.
Moreover, there are times when a non-manufacturer seller may be held responsible as if it were the manufacturer. This can occur when (1) the consumer cannot legally require the manufacturer to appear in court (because the manufacturer falls outside the court’s jurisdictional reach); (2) the court determines that “it is highly probable” the consumer could not enforce a judgment against a manufacturer; (3) the manufacturer and seller are in a controlled subsidiary relationship; (4) the seller provided the manufacturer with the plans; or (5) the seller marketed the product under its own trade name.