28-01.3-04. Liability of nonmanufacturing sellers

28-01.3-04. Liability of nonmanufacturing sellers 1. In any products liability action maintained against a seller of a product who did not manufacture the product, the seller shall upon answering or otherwise pleading file an affidavit certifying the correct identity of the manufacturer of the product allegedly causing the personal injury, death, or damage to property. 2. The court shall order the dismissal of the claim against the certifying seller, unless the plaintiff can show any of the following: a. That the certifying seller exercised some significant control over the design or manufacture of the product, or provided instructions or warnings to the manufacturer relative to the alleged defect in the product which caused the personal injury, death, or damage to property. b. That the certifying seller had actual knowledge of the defect in the product which caused the personal injury, death, or damage to property. c. That the certifying seller created the defect in the product which caused the personal injury, death, or damage to property. 3. The plaintiff may at any time prior to the beginning of the trial move to vacate the order of dismissal and reinstate the certifying seller if the plaintiff can show any of the following: a. That the applicable statute of limitation bars a product liability action against the manufacturer of the product allegedly causing the injury, death, or damage. b. That the identity of the manufacturer given to the plaintiff by the certifying defendant was incorrect.