SB 1449 Summary

• Restricts product liability lawsuits against non-manufacturer sellers to cases involving actual knowledge of defects, unauthorized alterations, seller-provided specifications, resale condition changes, failure to exercise reasonable care, or breach of seller's independent express warranties.

• Requires manufacturers to indemnify and reimburse non-manufacturer sellers for judgments and attorney fees when the manufacturer refuses to accept a tender of defense, unless one of the specified conditions in subsection A applies.

• Mandates that plaintiffs attempt to satisfy judgments against manufacturers first by levying execution and making demand on the manufacturer's insurance before collecting from the seller.

• Requires manufacturers to indemnify non-manufacturer sellers only when the seller provided plans or specifications that were a substantial cause of the product's defect, unless the manufacturer knew or should have known of the defect.

• Updates statutory language for clarity and grammar while maintaining the substantive indemnification and execution procedures between manufacturers and non-manufacturer sellers.