§ 34-6-2-77 Manufacturer

34-6-2-77 “Manufacturer”

    Sec. 77. (a) “Manufacturer”, for purposes of IC 34-20, means a person or an entity who designs, assembles, fabricates, produces, constructs, or otherwise prepares a product or a component part of a product before the sale of the product to a user or consumer. “Manufacturer” includes a seller who:

    (1) has actual knowledge of a defect in a product;

    (2) creates and furnishes a manufacturer with specifications relevant to the alleged defect for producing the product or who
otherwise exercises some significant control over all or a portion of the manufacturing process;

    (3) alters or modifies the product in any significant manner after the product comes into the seller's possession and before it is sold to the ultimate user or consumer;

    (4) is owned in whole or significant part by the manufacturer; or

    (5) owns in whole or significant part the manufacturer.

    (b) A seller who discloses the name of the actual manufacturer of a product is not a manufacturer under this section merely because the seller places or has placed a private label on a product.