12-681

12-681. Definitions

In this article, unless the context otherwise requires:

1. "Defective and unreasonably dangerous" does not include a food product that is
otherwise fit for human consumption and nourishment.

2. "Food product" means any product that is grown, prepared, provided, served or
sold and that is primarily intended for human consumption and nourishment.

3. "Manufacturer" means a person or entity that designs, assembles, fabricates,
produces, constructs or otherwise prepares a product or component part of a product
before its sale to a user or consumer, including a seller owned in whole or significant
part by the manufacturer or a seller owning the manufacturer in whole or significant
part.

4. "Product" means the individual product or any component part of the product that
is the subject of a product liability action.

5. "Product liability action" means any action brought against a manufacturer or
seller of a product for damages for bodily injury, death or property damage caused by or
resulting from the manufacture, construction, design, formula, installation, preparation,
assembly, testing, packaging, labeling, sale, use or consumption of any product, the
failure to warn or protect against a danger or hazard in the use or misuse of the product
or the failure to provide proper instructions for the use or consumption of any product.

6. "Product safety analysis or review" means any investigation, inquiry, review,
evaluation or other means by which a person or entity seeks to determine, calculate,
predict, estimate, evaluate or report the safety or health effects of the use of any of
its products, systems, services or processes. Product safety analysis or review includes
an analysis or review by a component manufacturer of the safety and health effects of
component parts in end products. A product safety analysis or review may be conducted by
employees of the person or entity or by consultants engaged specifically to perform the
analysis or review.

7. "Reasonable remedial measures" means actions taken as a result of a product
safety analysis or review and intended to improve the safety of products, systems,
services or processes or to lessen the likelihood of a safety-related accident. These
actions include:

(a) Modifications to the product, system, service or process.

(b) Changes in quality assurance procedures or policies.

(c) Modifications made to the design or method of manufacturing, to manufacturing
equipment or to the testing of the product, system, service or process.

(d) Changes or additions to training programs or safety education programs.

(e) Personnel or human resources measures related to the product, system, service
or process.

(f) The use or modification of warnings, notices or changes to owner manuals and
related materials.

(g) The recall of products.

8. "Reasonably foreseeable alteration, modification, use or consumption" means an
alteration, modification, use or consumption of the product that would be expected of an
ordinary and prudent purchaser, user or consumer and that an ordinary and prudent
manufacturer should have anticipated.

9. "Seller" means a person or entity, including a wholesaler, distributor, retailer
or lessor, that is engaged in the business of leasing any product or selling any product
for resale, use or consumption.

10. "State of the art" means the technical, mechanical and scientific knowledge of
manufacturing, designing, testing or labeling the same or similar products that was in
existence and reasonably feasible for use at the time of manufacture.