2A:58C-8. Definitions relative to actions against product sellers
267 words·~1 min read·
/nj/title-2a/chapter-58c/2a-58c-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. As used in this act:
"Manufacturer" means
(1)any person who designs, formulates, produces, creates, makes, packages, labels or constructs any product or component of a product;
(2)a product seller with respect to a given product to the extent the product seller designs, formulates, produces, creates, makes, packages, labels or constructs the product before its sale;
(3)any product seller not described in paragraph
(2)which holds itself out as a manufacturer to the user of the product; or
(4)a United States domestic sales subsidiary of a foreign manufacturer if the foreign manufacturer has a controlling interest in the domestic sales subsidiary.
"Product liability action" means any claim or action brought by a claimant for harm caused by a product, irrespective of the theory underlying the claim, except actions for harm caused by breach of an express warranty.
"Product seller" means any person who, in the course of a business conducted for that purpose: sells; distributes; leases; installs; prepares or assembles a manufacturer's product according to the manufacturer's plan, intention, design, specifications or formulations; blends; packages; labels; markets; repairs; maintains or otherwise is involved in placing a product in the line of commerce. The term "product seller" does not include:
(1)A seller of real property; or
(2)A provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill or services; or
(3)Any person who acts in only a financial capacity with respect to the sale of a product.
L.1995,c.141,s.1.