Oklahoma § 76-57.2 - Rebuttable presumptions – Grounds for rebutting –
Full text of Oklahoma Oklahoma Statutes § 76-57.2 — Rebuttable presumptions – Grounds for rebutting –, with citation guidance and answers to common questions.
§ 76-57.2. Rebuttable presumptions – Grounds for rebutting –
Liability of product sellers.
A. In a product liability action brought against a product
manufacturer or seller, there is a rebuttable presumption that the
product manufacturer or seller is not liable for any injury to a
claimant caused by some aspect of the formulation, labeling, or
design of a product if the product manufacturer or seller
establishes that the formula, labeling, or design for the product
complied with or exceeded mandatory safety standards or regulations
adopted, promulgated, and required by the federal government, or an
agency of the federal government, that were applicable to the
product at the time of manufacture and that governed the product
risk that allegedly caused harm.
B. The claimant may rebut the presumption in subsection A of
this section by establishing that:
1. The mandatory federal safety standards or regulations
applicable to the product and asserted by the defendant as its basis
for rebuttable presumption were inadequate to protect the public
from unreasonable risks of injury or damage; or
2. The manufacturer, before or after marketing the product,
withheld or misrepresented information or material relevant to the
federal government's or agency's determination of adequacy of the
safety standards or regulations at issue in the action.
C. In a product liability action brought against a product
manufacturer or seller, there is a rebuttable presumption that the
product manufacturer or seller is not liable for any injury to a
claimant allegedly caused by some aspect of the formulation,
labeling, or design of a product if the product manufacturer or
seller establishes by a preponderance of the evidence that the
product was subject to premarket licensing or approval by the
federal government, or an agency of the federal government, that the
manufacturer complied with all of the government's or agency's
procedures and requirements with respect to premarket licensing or
approval, and that after full consideration of the product's risks
and benefits the product was approved or licensed for sale by the
Oklahoma Statutes - Title 76. Torts
government or agency. The claimant may rebut this presumption by
establishing that:
1. The standards or procedures used in the particular premarket
approval or licensing process were inadequate to protect the public
from unreasonable risks of injury or damage; or
2. The manufacturer, before or after premarket approval or
licensing of the product, withheld from or misrepresented to the
government or agency information that was material and relevant to
the performance of the product and was causally related to the
claimant's injury.
D. This section does not extend to manufacturing flaws or
defects even though the product manufacturer has complied with all
quality control and manufacturing practices mandated by the federal
government or an agency of the federal government, or if the product
becomes the subject of a recall, or is no longer marketed, pursuant
to any order, consent decree, or agreement between the manufacturer
and any federal agency.
E. No product liability action may be asserted against a
product seller other than the manufacturer, unless:
1. The product seller exercised substantial control over the
aspect of the design, testing, manufacture, packaging, or labeling
of the product that caused the alleged harm for which recovery of
damages is sought; or
2. The product seller altered or modified the product, and the
alteration or modification was a substantial factor in causing the
harm for which recovery of damages is sought; or
3. The product seller made an express warranty as to such
product independent of any express warranty made by a manufacturer
as to such product, such product failed to conform to the product
seller's warranty, and the failure of such product to conform to the
warranty caused the harm complained of by the claimant; or
4. The claimant is unable, despite a good-faith exercise of due
diligence, to identify the manufacturer of the product; or
5. The manufacturer is not subject to service of process under
the laws of the state; or
6. The court determines that the claimant would be unable to
enforce a judgment against the manufacturer.
F. In a claim against a seller in a product liability action,
discovery shall initially be limited to issues related to subsection
E of this section.
G. A product seller other than a manufacturer is liable to a
claimant on the basis of negligence if the claimant establishes
that:
1. The product seller sold the product involved in such action;
2. The product seller did not exercise reasonable care:
a.
in assembling, inspecting, or maintaining such
product, or
Oklahoma Statutes - Title 76. Torts
b.
in passing on warnings or instructions from such
product's manufacturer about the dangers and proper
use of such product; and
3. Such failure to exercise reasonable care was a proximate
cause of the harm complained of by the claimant.
Added by Laws 2014, c. 217, § 1, eff. Nov. 1, 2014.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 76-57.2
What does Oklahoma Statutes § 76-57.2 cover?
Section 76-57.2 ("Rebuttable presumptions – Grounds for rebutting –") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 76-57.2?
A common citation format is "Oklahoma Statutes § 76-57.2" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 76-57.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.