HB 2380 Summary

• Amends Arizona Revised Statutes Section 12-684 to restrict product liability lawsuits against sellers who are not manufacturers to only eight specific circumstances.

• Establishes that a non-manufacturer seller can be sued only if: the seller had knowledge of a defect, altered/modified the product in ways that caused the injury, provided specifications that caused the defect, resold a product in changed condition, failed to exercise reasonable care in assembly/maintenance/warnings, made independent express warranties, the manufacturer cannot be identified, or the manufacturer is bankrupt.

• Requires manufacturers who refuse to defend sellers in product liability actions to indemnify those sellers for judgments and attorney fees, unless one of the eight exceptions applies.

• Mandates that plaintiffs must first attempt to collect judgments from the manufacturer (or manufacturer's insurance) by executing on assets and making demands before pursuing collection from the seller.

• Applies similar indemnification requirements to manufacturers sued on seller-provided specifications, with sellers required to indemnify manufacturers.