Innocent Seller – H.B. 2850

West Virginia

Limits product liability against a seller to the manufacturer of the product unless the seller had actual knowledge of the defect in the product that was a proximate cause of the harm, exercised substantial control over the aspect of manufacture, construction, design, installation, assembly, or instructions of the product that was a proximate cause of the harm, altered, modified, or installed the product in a way not authorized or requested by the manufacturer, or the court determines by clear and convincing evidence that the party asserting the product liability action would be unable to enforce judgment against the manufacturer.

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