Since New Jersey enacted its Product Liability Act, N.J.S.A. 2A:58C-1 to -11 (“PLA”), numerous decisions have examined claims and defenses made pursuant to it. One defense, however, that has been relatively unnoticed is the “innocent seller” defense contained in N.J.S.A . 2A:58C-9.
The “innocent seller” defense allows the seller of an allegedly defective product to be relieved of strict liability if it files an affidavit that correctly identifies the manufacturer. The purpose of this defense is “‘to reduce litigation costs borne by innocent retailers in product liability actions.’” Claypotch v. Heller, Inc. , 360 N.J. Super. 472, 485 (App. Div. 2003). There are exceptions that would prevent a seller from being relieved of liability even if it can identify the manufacturer. Several of these exceptions focus on foreign manufacturers and whether they are subject to suit and potentially a judgment in New Jersey state court.
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