60-3306. Seller not subject to liability, when. (a) A product seller shall not be subject to liability in a product liability claim arising from an alleged defect in a product, if the product seller establishes that: (1) Such seller had no knowledge of the defect;
(2) such seller in the performance of any duties the seller performed, or was required to perform, could not have discovered the defect while exercising reasonable care;
(3) such seller was not a manufacturer of the defective product or product component;
(4) the manufacturer of the defective product or product component is subject to service of process either under the laws of the state of Kansas or the domicile of the person making the product liability claim; and
(5) any judgment against the manufacturer obtained by the person making the product liability claim would be reasonably certain of being satisfied.
(b) A product seller that is a retail seller of used products shall not be subject to liability in a product liability claim arising from an alleged defect in a used product sold by the retail seller, if the retail seller establishes that:
(1) Such seller is exempt from federal income taxation pursuant to section 501(c)(3) of the internal revenue code of 1986;
(2) the product liability claim is for strict liability in tort; or
(3) (A) Such seller resold the product after the product was used by a consumer or other product user;
(B) the product was sold in substantially the same condition as it was when it was acquired for resale;
(C) the manufacturer of the defective product or product component is subject to service of process either under the laws of the state of Kansas or the domicile of the person making the product liability claim; and
(D) any judgment against the manufacturer obtained by the person making the product liability claim would be reasonably certain of being satisfied.
History: L. 1981, ch. 231, § 6; L. 2012, ch. 129, § 1; July 1.
Structure Kansas Statutes
Article 33 - Actions Relating To Commercial Activity
60-3305 Manufacturer's or seller's duty to warn or protect against danger, when.
60-3306 Seller not subject to liability, when.
60-3307 Inadmissible evidence.
60-3321 Misappropriation of trade secret; injunctive or other protective relief.
60-3323 Award of attorney fees, when.
60-3324 Preservation of trade secret during action.
60-3325 Time limit for bringing action.
60-3329 Severability of provisions of act.
60-3334 Same; waiver of privilege; exceptions; burden of proof; review; return of report.
60-3337 Statutory and common-law privileges not affected.
60-3339 Compliance with act shall be considered by tribunal in determining penalties.
60-3351 Insurance compliance self-evaluative privilege.
60-3352 Same; in camera review; effect on admissibility of documents.
60-3353 Same; in camera review; procedure.
60-3354 Same; assertion of privilege; burden of proof.