RCW 7.72.040
288 words·~1 min read·
/wa/title-7/chapter-7-72/7-72-040A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 s 2 ; 1981 c 27 s 5 .]