Water that a landlord provides to a tenant pursuant to a lease may not qualify as a "product" that enters the stream of commerce, pursuant to the Connecticut Product Liability Act. Allegedly, the plaintiff tenant used well water to wash a cut at premises leased from the defendant landlords, and the plaintiff fainted, lost consciousness and struck her head. As a result of the earlier head injury, several weeks afterward the plaintiff allegedly fell when working in the garden and broke her wrist. The plaintiff tenant sued the defendant landlords, alleging that the water was defective and the defendants were in the business of selling water and violated the Connecticut Product Liability Act. The defendants moved to strike the product-liability claim and argued that the water did not qualify as a "product," and the landlords did not qualify as "product sellers." A "product seller" is defined as "any person or entity, including a manufacturer, wholesaler, distributor or retailer who is engaged in the business of selling such products whether the sale is for resale or for use or consumption." The Connecticut Product Liability Act does not apply to a service. The court found that water that a landlord provides to a tenant pursuant to a lease does not qualify as a "product" that enters the stream of commerce, pursuant to the Connecticut Product Liability Act. The alleged agreement to provide water constitutes a service. The defendant landlords did not qualify as "product sellers." "An apartment's running water," wrote the court, "is not a tangible product which can be marketed and offered in the stream of commerce." The court granted the defendant landlords' motion to strike the plaintiff's product-liability claim.

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