Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3302.Definitions.(a) "Product seller" means any person or entity that is engagedin the business of selling products, whether the sale is for resale, orfor use or consumption. The term includes a manufacturer, wholesaler,distributoror retailer of the relevant product, but does not include a health careprovider, as defined in subsection (f) of K.S.A. 40-3401 and amendmentsthereto, who utilizes a product in the course of rendering professionalservices.
(b) "Manufacturer" includes a product seller who designs, produces, makes,fabricates, constructs or remanufactures the relevant product or componentpart of a product before its sale to a user or consumer. It includes aproduct seller or entity not otherwise a manufacturer that holds itselfout as a manufacturer, or that is owned in whole or in part by themanufacturer.
(c) "Product liability claim" includes any claim or action brought forharm caused by the manufacture, production, making, construction, fabrication,design, formula, preparation, assembly, installation, testing, warnings,instructions, marketing, packaging, storage or labeling of the relevantproduct. It includes, but is not limited to, any action based on, strictliability in tort, negligence, breach of express or implied warranty, breachof, or failure to, discharge a duty to warn or instruct, whether negligentor innocent, misrepresentation, concealment or nondisclosure, whether negligentor innocent, or under any other substantive legal theory.
(d) "Harm" includes: (1) Damage to property; (2) personal physical injuries,illness and death; (3) mental anguish or emotional harm attendant to suchpersonal physical injuries, illness or death. Theterm "harm" does not include direct or consequential economic loss.
History: L. 1981, ch. 231, § 2;L. 1992, ch. 307, § 5; July 1.
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3302.Definitions.(a) "Product seller" means any person or entity that is engagedin the business of selling products, whether the sale is for resale, orfor use or consumption. The term includes a manufacturer, wholesaler,distributoror retailer of the relevant product, but does not include a health careprovider, as defined in subsection (f) of K.S.A. 40-3401 and amendmentsthereto, who utilizes a product in the course of rendering professionalservices.
(b) "Manufacturer" includes a product seller who designs, produces, makes,fabricates, constructs or remanufactures the relevant product or componentpart of a product before its sale to a user or consumer. It includes aproduct seller or entity not otherwise a manufacturer that holds itselfout as a manufacturer, or that is owned in whole or in part by themanufacturer.
(c) "Product liability claim" includes any claim or action brought forharm caused by the manufacture, production, making, construction, fabrication,design, formula, preparation, assembly, installation, testing, warnings,instructions, marketing, packaging, storage or labeling of the relevantproduct. It includes, but is not limited to, any action based on, strictliability in tort, negligence, breach of express or implied warranty, breachof, or failure to, discharge a duty to warn or instruct, whether negligentor innocent, misrepresentation, concealment or nondisclosure, whether negligentor innocent, or under any other substantive legal theory.
(d) "Harm" includes: (1) Damage to property; (2) personal physical injuries,illness and death; (3) mental anguish or emotional harm attendant to suchpersonal physical injuries, illness or death. Theterm "harm" does not include direct or consequential economic loss.
History: L. 1981, ch. 231, § 2;L. 1992, ch. 307, § 5; July 1.
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3302.Definitions.(a) "Product seller" means any person or entity that is engagedin the business of selling products, whether the sale is for resale, orfor use or consumption. The term includes a manufacturer, wholesaler,distributoror retailer of the relevant product, but does not include a health careprovider, as defined in subsection (f) of K.S.A. 40-3401 and amendmentsthereto, who utilizes a product in the course of rendering professionalservices.
(b) "Manufacturer" includes a product seller who designs, produces, makes,fabricates, constructs or remanufactures the relevant product or componentpart of a product before its sale to a user or consumer. It includes aproduct seller or entity not otherwise a manufacturer that holds itselfout as a manufacturer, or that is owned in whole or in part by themanufacturer.
(c) "Product liability claim" includes any claim or action brought forharm caused by the manufacture, production, making, construction, fabrication,design, formula, preparation, assembly, installation, testing, warnings,instructions, marketing, packaging, storage or labeling of the relevantproduct. It includes, but is not limited to, any action based on, strictliability in tort, negligence, breach of express or implied warranty, breachof, or failure to, discharge a duty to warn or instruct, whether negligentor innocent, misrepresentation, concealment or nondisclosure, whether negligentor innocent, or under any other substantive legal theory.
(d) "Harm" includes: (1) Damage to property; (2) personal physical injuries,illness and death; (3) mental anguish or emotional harm attendant to suchpersonal physical injuries, illness or death. Theterm "harm" does not include direct or consequential economic loss.
History: L. 1981, ch. 231, § 2;L. 1992, ch. 307, § 5; July 1.
