5120

VETOES

(II) "MANUFACTURER" INCLUDES AN ENTITY NOT
OTHERWISE A MANUFACTURER THAT IMPORTS A PRODUCT OR OTHERWISE
HOLDS ITSELF OUT AS A MANUFACTURER.

(3)  "PRODUCT" MEANS ANY TANGIBLE ARTICLE,
INCLUDING ATTACHMENTS, ACCESSORIES, AND COMPONENT PARTS AND
ACCOMPANYING LABELS, WARNINGS, INSTRUCTIONS, AND PACKAGING.

(4)  "SEALED CONTAINER" MEANS A BOX, CONTAINER,
PACKAGE, WRAPPING, ENCASEMENT, OR HOUSING OF ANY NATURE THAT
COVERS A PRODUCT SO THAT IT WOULD BE UNREASONABLE TO EXPECT
A SELLER TO DETECT OR DISCOVER THE EXISTENCE OF A DANGEROUS
OR DEFECTIVE CONDITION IN THE PRODUCT. A PRODUCT SHALL BE
DEEMED TO BE IN A SEALED CONTAINER IF THE PRODUCT, BY ITS
NATURE AND DESIGN, IS ENCASED OR SOLD IN ANY OTHER MANNER
MAKING IT UNREASONABLE TO EXPECT A SELLER TO DETECT OR
DISCOVER THE EXISTENCE OF A DANGEROUS OR DEFECTIVE
CONDITION.

(5.) (I) "SELLER" MEANS A WHOLESALER,
DISTRIBUTOR, RETAILER, OR OTHER INDIVIDUAL OR ENTITY OTHER
THAN A MANUFACTURER THAT IS REGULARLY ENGAGED IN THE SELLING
OF A PRODUCT WHETHER THE SALE IS FOR RESALE BY THE PURCHASER
OR IS FOR USE OR CONSUMPTION BY THE ULTIMATE CONSUMER.

(II) "SELLER" INCLUDES A LESSOR OR BAILOR
REGULARLY ENGAGED IN THE BUSINESS OF THE LEASE OR BAILMENT
OF THE PRODUCT.

(B) IT SHALL BE AN AFFIRMATIVE A DEFENSE TO AN ACTION
AGAINST A SELLER OF A PRODUCT FOR PROPERTY DAMAGE OR
PERSONAL INJURY ALLEGEDLY CAUSED BY THE DEFECTIVE DESIGN OR
MANUFACTURE OF A PRODUCT IF THE SELLER ESTABLISHES THAT:

(1) (I) THE PRODUCT WAS ACQUIRED AND THEN SOLD
OR LEASED BY THE SELLER IN A SEALED CONTAINER OR IN AN
UNALTERED FORM;

(II) (2) THE SELLER HAD NO KNOWLEDGE OF
THE DEFECT;

(III) (3) THE SELLER IN THE PERFORMANCE OF
THE DUTIES HE PERFORMED OR WHILE THE PRODUCT WAS IN HIS
POSSESSION COULD NOT HAVE DISCOVERED THE DEFECT WHILE
EXERCISING REASONABLE CARE;

(IV) (4) THE SELLER DID NOT MANUFACTURE,
PRODUCE, DESIGN, OR DESIGNATE THE SPECIFICATIONS FOR THE
PRODUCT WHICH CONDUCT WAS THE PROXIMATE AND SUBSTANTIAL
CAUSE OF THE CLAIMANT'S INJURY; AND

(V) (5) THE SELLER DID NOT ALTER, MODIFY,
ASSEMBLE, OR MISHANDLE THE PRODUCT WHILE IN THE SELLER'S