As more products are manufactured abroad, the landscape of domestic product liability cases is changing. Nonmanufacturing sellers who brand the products and resell them become the target defendant under circumstances when the plaintiff can prove certain facts.
One such circumstance where a plaintiff may sue the sellers of products is when the manufacturers are outside of the court’s jurisdiction. Specifically, according to the Fourth Court of Appeals in San Antonio in Dennis v. Giles Group Inc. in 2008, §82.003 of the Texas Civil Practice & Remedies Code “permits a claimant to sue a non-manufacturing seller of a harmful product if claimant provesthat the manufacturer is not subject to the jurisdiction of the court.” Thus a nonmanufacturing seller may be liable as though standing in the shoes of the foreign manufacturer.
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