{"data":{"id":"us-wa/rcw-7.72.040","jurisdiction":"us-wa","citation":"RCW 7.72.040","heading":"Liability of product seller other than manufacturer—Exception.","body":"(1) Except as provided in subsection (2) of this section, a product seller other than a manufacturer is liable to the claimant only if the claimant's harm was proximately caused by:\n(a) The negligence of such product seller; or\n(b) Breach of an express warranty made by such product seller; or\n(c) The intentional misrepresentation of facts about the product by such product seller or the intentional concealment of information about the product by such product seller.\n(2) A product seller, other than a manufacturer, shall have the liability of a manufacturer to the claimant if:\n(a) No solvent manufacturer who would be liable to the claimant is subject to service of process under the laws of the claimant's domicile or the state of Washington; or\n(b) The court determines that it is highly probable that the claimant would be unable to enforce a judgment against any manufacturer; or\n(c) The product seller is a controlled subsidiary of a manufacturer, or the manufacturer is a controlled subsidiary of the product seller; or\n(d) The product seller provided the plans or specifications for the manufacture or preparation of the product and such plans or specifications were a proximate cause of the defect in the product; or\n(e) The product was marketed under a trade name or brand name of the product seller.\n(3) Subsection (2) of this section does not apply to a pharmacist who dispenses a prescription product in the form manufactured by a commercial manufacturer pursuant to a prescription issued by a licensed practitioner if the pharmacist complies with recordkeeping requirements pursuant to chapters 18.64, 69.41, and 69.50 RCW, and related administrative rules.","path":["Title 7","Chapter 7.72"],"source_url":"https://app.leg.wa.gov/rcw/default.aspx?cite=7.72.040","current_through":"July 15, 2026","vintage":"","retrieved_at":"2026-09-06T00:39:04Z","sha256":"a186824b9a09794e646d7c2b28906792bc3675d0cd4eed3d01d101539a92fd2f","source_id":"us-wa","stale":false,"prev":"us-wa/rcw-7.72.030","next":"us-wa/rcw-7.72.050"},"notice":"GroundRules: Original legal text. Not legal advice."}