1. Issues Relating to Parties Downstream from the Manufacturer
By: Vanessa M. Serrano, Esq.
Broad and Cassel

2. Parties Downstream from Manufacturer
Exporter/Importer
Broker
Distributor/Supplier
Installer
General Contractor
Builder/Developer

3. Claims vs. Downstream Defendants
Negligence
Strict Liability
Indemnity/Contribution
Breach of contract
Breach of express warranties
Breach of implied warranties (common law & statutory)

4. Examples of Defenses Raised by Downstream Defendants
Lack of personal jurisdiction
Lack of privity
Economic loss rule
Contractual limitations on damages
Negligence of party seeking indemnity
Comparative/contributory negligence
Lack of Duty to warn for unknown defects
Setoff
Joint & several liability issues