Deployer liability for harm to business or consumer

(a) In general A deployer shall be deemed to be liable as a developer under section 101 for harm caused by a covered product if— (1) the deployer makes a substantial modification to the covered product; or (2) the deployer intentionally misuses the covered product contrary to its intended use and that misuse is the proximate cause of harm to the claimant. (b) Use intended by developer is not modification or misuse (1) In general For purposes of subsection (a), a use of a covered product that is intended by the developer of the covered product does not constitute a substantial modification to or misuse of the covered product. (2) Inference of intended use For purposes of paragraph (1), if a developer does not specify an intended use for a covered product, intended use shall be inferred by the targeted market and manner of distribution. (c) Licensing Subject to section 302, any deployer licensing a covered product shall not be liable to a claimant for a violation of section 101 solely by reason of ownership or use of the covered product.