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WPI 110.07 Seller Other Than a Manufacturer

6 WAPRAC WPI 110.07Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 110.07 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part IX. Particularized Standards of Conduct
Chapter 110. Product Liability
WPI 110.07 Seller Other Than a Manufacturer
(No special instruction is set forth. Use negligence instructions from Part II of 6 Washington Practice, Washington Pattern Jury Instructions: Civil (7th ed.), or draft instructions to fit the particular case.)
RCW 7.72.040(1) expressly provides that a seller other than a manufacturer is liable only for negligence, breach of an express warranty, or misrepresentation.
RCW 7.72.040(2) delineates the situations when a seller other than a manufacturer has the liability of a manufacturer. In such a case the manufacturer's instructions should be used. Whether or not a seller has a manufacturer's liability will usually not present a jury question. If it does, instructions must be drafted for the particular case.
For causes of action arising before the effective date of RCW Chapter 7.72, the Court of Appeals has held that strict liability may be imposed on a dealer of goods under section 402A of the Restatement (Second) of Torts. Thompson v. Rockford Mach. Tool Co., 49 Wn.App. 482, 744 P.2d 357 (1987).
[Current as of December 2020.]
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