Special rule for deployers

(a) Standing in for the developer If the developer is not a party to a liability action because the developer is not subject to the court's jurisdiction, is insolvent, or cannot otherwise be made to answer for the harm, the deployer may be held liable to the same extent that the developer would have been liable under section 101. (b) Dismissal of deployer A court shall dismiss the deployer from a liability action, upon motion, if— (1) the developer— (A) is a party to the action; and (B) is subject to the court’s jurisdiction; (2) the developer is not insolvent or otherwise unable to satisfy any likely judgment; and (3) the deployer is not otherwise liable under section 102. (c) Joint fault (1) In general If both the developer and the deployer contributed to the harm under sections 101 and 102, each person may be held jointly and severally liable for the portion of harm caused by that person's conduct. (2) Rule of construction Nothing in this subsection shall limit the right of a claimant to maintain a liability action against the developer, the deployer, or both, if the claimant can establish that each person contributed to the harm under sections 101 and 102. (d) Indemnification and attorney fees (1) Right to seek indemnification A deployer that is held liable for harm caused by the developer under subsection (a) may pursue indemnification, including the recovery of attorney fees and litigation costs, from the developer. (2) Limitation If the deployer is determined to be at fault for a portion of the harm under subsection (c), indemnification under paragraph (1) of this subsection shall be limited to the portion of damages, fees, or costs attributable to the conduct of the developer. (e) Preservation of claimant’s rights Nothing in this subsection shall limit the right of the claimant to maintain a liability action against the developer, the deployer, or both persons, if the claimant can establish that each person contributed to the harm under sections 101 and 102.