(1) Subject to this Part, where damage is caused wholly or partly by a defect in a product —
(a) the following persons are liable for the damage —
(i) the producer of the product,
(ii) a person who, by putting his or her name on the product or using a trade mark or other distinguishing mark in relation to the product, has held himself or herself out to be the producer of the product, and
(iii) a person who has imported the product into Saint Lucia in the course of business in order to supply the product to another;
(b) a person who supplied the product, whether to the person who suffered the damage, to the producer of a product in which the product in question is comprised or to any other person, is liable for the damage if —
(i) the person who suffered the damage requests the supplier to identify one or more of the persons, whether still in existence or not, to whom paragraph (a) applies in relation to the product,
(ii) that request is made within a reasonable time after the damage occurs, and
(iii) the supplier fails, within a reasonable time after receiving the request, to comply with the request or to identify the person who supplied the product to him or her.
(2) Where 2 or more persons are liable by virtue of this Part for the same damage, the liability is joint and several.
(3) This section is without prejudice to any liability arising otherwise than by virtue of this Part.