Okla. Stat. tit. 12, § 12-832.1

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.

Oklahoma Statutes - Title 12. Civil Procedure Page 164

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.