Innocent seller statutes exempt distributors and retailers who did not manufacture, alter, or know of the defect. Exceptions typically apply where the manufacturer is insolvent, unreachable, or the seller made independent representations.
Some statutes require early dismissal on affidavit.
Alternative Names:
Innocent Retailer Statute, Non-Manufacturer Seller Statute
Why it Matters?
Procedural provisions requiring dismissal on an affidavit identifying the manufacturer make these statutes operationally useful, since a retailer can exit the case early rather than defending through trial. Filing the affidavit promptly is what secures that benefit. Plaintiffs frequently name retailers specifically to defeat diversity jurisdiction, and prompt dismissal under the statute can restore removability.
Frequently Confused with
Related terms
Frequently asked questions
What procedural benefit do these statutes provide?
How does dismissal affect removal?
