Hi Barry:
These are questions that should be directed to an
attorney.
The law profession has a process of "subrogation"
by which liability can be passed from one defendant
to another. To my knowledge, subrogation does not
depend on whether or not the subrogee's name appears
on the product in question.
In my experience, which is very limited, a defendant
will always subrogate liability, if it is possible.
The objective is avoidance of liability. We buy
insurance to avoid liability. The insurance company
will attempt to collect from whoever caused the
damage or injury. Subrogation.
I don't believe the definition of OEM enters into the
question of who is liable. In products liability, the
plaintiff must present a plausible theory as to the
cause of the incident. Even if the plaintiff fails to
identify the responsible party, defendants will defend
themselves by subrogating liability to the "true"
responsible party to the fullest extent they can.
Disclaimer: This is not legal advice. Personal
opinions only. Do not quote or act on anything said
here. Determine your particular situation from an
attorney.
Best regards,
Rich
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