Challenges in Distributor & Seller Defense
Statutory Immunity & Passive Seller Defense: Phillips Murrah aggressively asserts all available statutory defenses, including seller immunity. These statutes are designed to protect you from strict liability when you did not design or manufacture the product. We prioritize early dispositive motions to exit the litigation before expensive discovery begins.
Manufacturer Indemnity Enforcement: Manufacturers have statutory and contractual obligations to defend and indemnify downstream sellers. We don’t just wait for a tender to be accepted; we apply strategic pressure to ensure the manufacturer’s insurance and legal teams take the lead, shifting the financial burden away from your enterprise.
Product Modification & Intervening Acts: Plaintiffs may argue liability shifts when a product is altered after leaving your warehouse. We investigate the product’s post-sale history to establish if third-party installation errors or aftermarket changes are the true cause of failure, preserving your “innocent” status in the eyes of the court.
Early Dismissal Strategy is essential for sellers whose primary exposure lies in litigation costs rather than ultimate liability. Even defensible claims can become financially material if dismissal is delayed through prolonged discovery and motion practice. Phillips Murrah prioritizes early dispositive motions, targeted discovery, and procedural leverage to resolve seller claims efficiently and protect the client’s bottom line.
Representative Success
- Extensive Defense of Automotive and Industrial Product Manufacturers and Distributors
- Comprehensive Litigation and Transactional Representation for Major National Manufacturers
- Defense of Product and Equipment Distributors in Complex Toxic Tort Litigation
- Specialized Defense Strategy for Product Manufacturers and Global Distributors
Consult with Our Product Liability Defense Team
You should involve defense counsel immediately when any of the following triggers appear:
- You are named as a defendant primarily because you sold, warehoused, or distributed the product—without designing or manufacturing it.
- The complaint alleges that you changed labels, warnings, instructions, packaging, assembly, installation, or other aspects of the product.
- The plaintiff claims that you exercised “substantial control” over warnings, instructions, specifications, or product selection.
- The manufacturer is foreign, insolvent, dissolved, uninsured, or difficult to serve—making seller-dismissal and indemnity strategies harder.
- Your vendor or supply agreements include defense/indemnity obligations or additional-insured requirements that should be tendered now.
- A recall, regulatory inquiry, or incident investigation is underway, and your internal communications and documentation need to be managed carefully.
- The product involves software, ‘Smart’ technology, or AI-enabled features—especially scenarios where your company provided the distribution or interface but did not author the underlying code or algorithms.
Request a confidential assessment of your legal position.
