Oklahoma Statutes

Okla. Stat. tit. 12, § 832.1 (2026)

Product liability actions – Duty of manufacturer to

✓ current as of July 2026

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indemnify seller. A. A manufacturer shall indemnify and hold harmless a seller against loss arising out of a product liability action, except for any loss caused by the seller’s negligence, intentional misconduct, or other act or omission, such as negligently modifying or altering the product, for which the seller is independently liable.

B. For purposes of this section, “loss” includes court costs and other reasonable expenses, reasonable attorney fees, and any reasonable damages. C. Damages awarded by the trier of fact shall, on final judgment, be deemed reasonable for purposes of this section. D. For purposes of this section, a wholesale distributor or retail seller who completely or partially assembles a product in accordance with the manufacturer’s instructions shall be considered a seller. E. The duty to indemnify under this section: 1. Applies without regard to the manner in which the action is concluded; and 2. Is in addition to any duty to indemnify established by law, contract, or otherwise. F. A seller eligible for indemnification under this section shall give reasonable notice to the manufacturer of a product claimed in a petition or complaint to be defective, unless the manufacturer has been served as a party or otherwise has actual notice of the action. G. A seller is entitled to recover from the manufacturer court costs and other reasonable expenses, reasonable attorney fees, and any reasonable damages incurred by the seller to enforce the seller’s right to indemnification under this section. H. Nothing contained in this section shall operate to permit or require dismissal of a party with a right of indemnification arising under this section and nothing in this section shall be used as a basis for dismissal of a plaintiff’s claim against the seller. Added by Laws 2004, c. 368, § 8, eff. Nov. 1, 2004.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2011–2021 · leading case: Honeywell v. Gada Builders, Inc., 271 P.3d 88 (Okla. Civ. App. 2011).

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Honeywell v. Gada Builders, Inc., 271 P.3d 88 (Okla. Civ. App. 2011). · cites it 5× “As a matter of first impression, Gastite asks this court to interpret 12 O.S. § 832.1. After de novo review, we hold that Gastite's duty to indemnify was triggered May 31, 2007, when Plaintiff filed his Amended Petition.”

Precision Gear Co. v. Cont'l Motors, Inc., 135 So. 3d 953 (Ala. 2013). · cites it 2× “In denying the gear manufacturers’ motions to dismiss, the trial court concluded: “Continental [Motors] claims indemnity from Precision [Gear] and [General Metal] pursuant to both Oklahoma common law and Okla. Stat. tit. 12, § 832.1 . Section 832.”

Pando v. Barberwind Turbines LLC (W.D. Okla. 2019). · cites it 3× “Wisdom argues that Spectrum’s claim for indemnity pursuant to Okla. Stat. tit. 12 § 832.1 must be dismissed because Spectrum has failed to allege it is a “seller” as required for statutory indemnity.”

AMC West Hous. LP v. NIBCO Inc (W.D. Okla. 2021). “Here, NIBCO’s indemnification claim is based not on contractual or vicarious liability, but on the statutory indemnity provided for in Okla. Stat. tit. 12 § 832.1. This statute provides that A.”

— Okla. Stat. tit. 12, § 832.1(A) — 1 case

Pando v. Barberwind Turbines LLC (W.D. Okla. 2019). “Wisdom argues that Spectrum’s claim for indemnity pursuant to Okla. Stat. tit. 12 § 832.1 must be dismissed because Spectrum has failed to allege it is a “seller” as required for statutory indemnity.”

— Okla. Stat. tit. 12, § 832.1(D) — 1 case

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