§ 16-116-101. Liability of supplier

1. (a) A supplier of a product is subject to liability in damages for harm to a person or to property if:

   1. (1) The supplier is engaged in the business of manufacturing, assembling, selling, leasing, or otherwise distributing the product;

   2. (2) The product was supplied by him or her in a defective condition that rendered it unreasonably dangerous; and

   3. (3) The defective condition was a proximate cause of the harm to a person or to property.

2. (b) The provisions of subsection (a) of this section apply although the claiming party has not obtained the product from or entered into any contractual relation with the supplier.

3. (c)

   1. (1) Any licensee under § 17-42-103(7)(A) who is only providing brokerage and sales services under his or her license shall not be considered a supplier under this section.

   2. (2)

      1. (A) Except as provided in subdivisions (c)(2)(B) and (C) of this section, real estate and improvements located on real estate shall not be considered a product under this section.

      2. (B) Any tangible object or good produced that is affixed to, installed on, or incorporated into real estate or any improvement on real estate shall be considered a product under this section.

      3. (C) If environmental contaminants exist or have occurred in an improvement on real estate, the improvement on real estate shall be considered a product under this section.

History. Acts 1973, No. 111, §§ 1, 2; A.S.A. 1947, §§ 85-2-318.2, 85-2-318.3; Acts 2007, No. 316, § 1.

Publisher’s Notes. This section was formerly codified as § 4-86-102 and was renumbered as § 16-116-101 in 2016 by the Arkansas Code Revision Commission.

Former §§ 16-116-101 — 16-116-107 were renumbered as §§ 16-116-201 — 16-116-207.