§ 16-116-202 — Definitions

As used in this subchapter: (1) "Anticipated life" means the period over which the product may reasonably be expected to be useful to the user as determined by the trier of facts; (2) "Defective condition" means a condition of a product that renders it unsafe for reasonably foreseeable use and consumption; (3) "Manufacturer" means the designer, fabricator, producer, compounder, processor, or assembler of any product or its component parts; (4) "Product" means any tangible object or goods produced, excluding real estate and improvements located thereon. Provided, any tangible object or good produced that is affixed to, installed on, or incorporated into real estate or any improvement thereon shall constitute a product under this subchapter. Provided further, an improvement on real estate shall constitute a product in the event that environmental contaminants exist or have occurred in the improvement; (5) "Product liability action" includes all actions brought for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging, or labeling of any product; (6) (A) "Supplier" means any individual or entity engaged in the business of selling a product, whether the sale is for resale or for use or consumption. (B) "Supplier" includes a retailer, wholesaler, or distributor and also includes a lessor or bailor engaged in the business of leasing or bailment of a product. (C) "Supplier" does not include any licensee, as the term is defined in § 17-42-103 , who is providing only brokerage and sales services under a license; and (7) (A) "Unreasonably dangerous" means that a product is dangerous to an extent beyond that which would be contemplated by the ordinary and reasonable buyer, consumer, or user who acquires or uses the product, assuming the ordinary knowledge of the community or of similar buyers, users, or consumers as to its characteristics, propensities, risks, dangers, and proper and improper uses, as well as any special knowledge, training, or experience possessed by the particular buyer, user, or consumer or which he or she was required to possess. (B) However, as to a minor, "unreasonably dangerous" means that a product is dangerous to an extent beyond that which would be contemplated by an ordinary and reasonably careful minor considering his or her age and intelligence.

Legislative History

Acts 1979, No. 511, § 2; A.S.A. 1947, § 34-2802; Acts 2007, No. 315, § 1.