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AMI 1004 Products Liability—Negligence—Vendor Assuming Role of Manufacturer

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 1004
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 10. Products Liability
AMI 1004 Products Liability—Negligence—Vendor Assuming Role of Manufacturer
One who puts out as [his][her][its] own a (product) manufactured by another is subject to the same liability as though [he][she][it] were its manufacturer.
NOTE ON USE
This instruction should be followed by the appropriate instructions as to a manufacturer's liability.
Do not use this instruction when the case is submitted on interrogatories.
COMMENT
One who puts out a product as his own which is manufactured by another is subject to the same liability as the manufacturer. Dildine v. Clark Equip. Co., 282 Ark. 130, 666 S.W.2d 692 (1984), appeal after remand, 285 Ark. 325, 686 S.W.2d 791 (1985) (because the owners' manual, the warranty, the operators' handbook, other documents accompanying the machine, and the machine itself all showed the product to be manufactured by one company, there was no evidence on which to predicate liability as to another company); Green v. Equitable Powder Mfg. Co., 95 F. Supp. 127 (W.D. Ark. 1951) (examining this issue in the context of business relations between the manufacturer and dealer); Chapman Chem. Co. v. Taylor, 215 Ark. 630, 222 S.W.2d 820 (1949) (there was sufficient evidence on which to predicate liability as to Chapman Chemical Company, the distributor of a chemical produced by another, but which Chapman put out as its own, either under its own label or unlabelled but as its own).
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