The defense shields retailers and distributors who sold a product in its original sealed condition without opportunity to inspect. It generally requires that the manufacturer be identified and amenable to suit.
It is statutory in most states recognizing it.
Alternative Names:
Sealed Container Doctrine, Unopened Container Defense
Why it Matters?
The condition that the manufacturer be subject to jurisdiction and solvent is what limits the defense, since the statutes exist to channel liability to the responsible party rather than to eliminate recovery. Where a foreign manufacturer cannot be reached, the seller frequently remains liable. Establishing that the manufacturer is available is therefore the seller's own interest as much as the plaintiff's.
Frequently Confused with
Related terms
Frequently asked questions
What condition limits the defense?
What happens with a foreign manufacturer?
