Practice point: The distributor is strictly liable even if he has merely taken an order and directed the manufacturer to ship the product directly to the purchaser, and has never inspected, controlled, installed or serviced the product.
Practitioners should note that there is strict liability even if the product’s sale were incidental to the distributor’s installation of it.
Case: Fernandez v. Riverdale Terrace, NY Slip Op 05167 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Marital property.
