| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY BAKER, FOLMER, PICCOLA, EARLL, SMUCKER, RAFFERTY, BRUBAKER, EICHELBERGER, WONDERLING, WAUGH, M. WHITE AND D. WHITE, FEBRUARY 20, 2009 |
| |
| |
| REFERRED TO JUDICIARY, FEBRUARY 20, 2009 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, providing for liability |
3 | rules applicable to product sellers. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 42 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 8320.1. Liability rules applicable to product sellers. |
9 | (a) General rule.--In a product liability action, a product |
10 | seller other than a manufacturer shall not be liable for damages |
11 | resulting in death, injury to person or property or economic |
12 | loss unless the plaintiff establishes at least one of the |
13 | following: |
14 | (1) The product which allegedly caused the harm |
15 | complained of by the plaintiff was sold by the product |
16 | seller, the product seller failed to exercise reasonable care |
17 | with respect to the product before placing the product in the |
18 | stream of commerce and the failure to exercise reasonable |
|
1 | care was a proximate cause of the harm complained of by the |
2 | plaintiff. For purposes of this paragraph, a product seller |
3 | shall not be considered to have failed to exercise reasonable |
4 | care with respect to the product based upon an alleged |
5 | failure to inspect a product where there was no reasonable |
6 | opportunity to inspect the product in a manner which, in the |
7 | exercise of reasonable care, would have revealed the aspect |
8 | of the product which allegedly caused the harm complained of |
9 | by the plaintiff. |
10 | (2) The product seller made an express warranty |
11 | applicable to the product which allegedly caused the harm |
12 | complained of by the plaintiff independent of an express |
13 | warranty made by a manufacturer as to the same product, the |
14 | product failed to conform to the seller's express warranty |
15 | and the failure of the product to conform to the seller's |
16 | express warranty caused the harm complained of by the |
17 | plaintiff. |
18 | (3) The product seller, before placing the product in |
19 | the stream of commerce, exercised significant control over |
20 | the design, manufacture, packaging or labeling of the product |
21 | related to the alleged defect in the product which caused the |
22 | harm complained of by the plaintiff. |
23 | (4) The product seller, before placing the product in |
24 | the stream of commerce, knew or reasonably should have known |
25 | of the defect in the product which caused the harm complained |
26 | of by the plaintiff or the product seller was in possession |
27 | of facts from which a reasonable person would conclude that |
28 | the product seller had or should have had knowledge of the |
29 | alleged defect in the product which caused the harm |
30 | complained of by the plaintiff. |
|
1 | (5) The product seller engaged in intentional wrongdoing |
2 | which was a proximate cause of the harm complained of by the |
3 | plaintiff. |
4 | (6) The product seller, before placing the product in |
5 | the stream of commerce, held itself out as the manufacturer |
6 | to the user of the product, in which case the product seller |
7 | shall be liable as though the product seller were the |
8 | manufacturer of the product. |
9 | (b) Rental and leases.--Notwithstanding any other provision |
10 | of law, a product seller who is engaged in the business of |
11 | renting or leasing a product shall be subject to liability |
12 | pursuant to subsection (a) but shall not be liable to a |
13 | plaintiff for the tortious act of another solely by reason of |
14 | ownership of the product. |
15 | (c) Certification of manufacturer identity.-- |
16 | (1) In a product liability action against a product |
17 | seller, the product seller may file an affidavit certifying |
18 | the correct identity of the manufacturer of the product which |
19 | allegedly caused the injury, death or damage. |
20 | (2) The product seller shall exercise due diligence in |
21 | providing the plaintiff with the correct identity of the |
22 | manufacturer. |
23 | (d) Definitions.--As used in this section, the following |
24 | words and phrases shall have the meanings given to them in this |
25 | subsection: |
26 | "Manufacturer." A person who: |
27 | (1) Produced, created, made or constructed the product |
28 | or component part of the product. |
29 | (2) Designed or formulated the product or component part |
30 | of the product or engaged another person to design or |
|
1 | formulate the product or component part of the product. |
2 | "Product seller." A person who, in the course of a business |
3 | conducted for that purpose, sells, distributes, rents, leases, |
4 | prepares, packages, labels or otherwise is involved in placing a |
5 | product in the stream of commerce. |
6 | Section 2. This act shall apply to all actions instituted on |
7 | or after the effective date of this act. |
8 | Section 3. This act shall take effect in 60 days. |
|