Defenses and Affirmative Defenses
Product and Tort Defenses
A component supplier is generally not liable where the component was not defective and the supplier did not substantially participate in designing the finished product. Liability attaches where the component itself was defective or the supplier participated in the integration.
Substantial participation is the key inquiry.
Alternative Names:
Component Supplier Defense, Component Part Manufacturer Defense
Why it Matters?
Substantial participation in the integration design is what defeats the defense, so a supplier that provided specifications, consulted on the application, or knew of the intended use may be treated as a participant. Documenting that the component met the buyer's specifications and that design decisions belonged to the manufacturer is what preserves the defense. Suppliers frequently undermine it through marketing materials describing application suitability.
Frequently Confused with
Related terms
Frequently asked questions
What defeats the defense?
How do suppliers undermine it?
