Uniform Product Safety Act of 1988

Summary

Uniform Product Safety Act of 1987 - States that this Act governs any civil action brought against a manufacturer or product seller for personal injury or damage caused by a product. Supersedes any inconsistent State law regarding recovery in such such actions. Lists specific laws not superseded, including: (1) defenses of sovereign immunity asserted by the United States or any State; (2) any Federal law (except the Federal Employees Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; and (5) the right of any court to transfer venue. Allows any State to develop and implement expedited product liability claims procedures. Establishes uniform national standards for product liability actions. Subjects a product manufacturer to liability if the claimant establishes that: (1) the manufacturer manufactured an unreasonably dangerous product; (2) the product failed to conform to an express warranty made by the manufacturer; (3) the manufacturer was negligent in designing the product; or (4) the manufacturer failed to provide appropriate warnings or instructions. Treats a product seller as a manufacturer where: (1) the manufacturer is not subject to a service of process in any State where the action might be brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Subjects a product seller to liability if the claimant establishes that: (1) the product failed to conform to an express warranty made by the product seller; (2) the product seller did not exercise reasonable care in assembling, inspecting, or maintaining such product; or (3) the product seller did not exercise reasonable care in passing on the manufacturer's warnings or instructions. Establishes defenses in such actions with respect to: (1) manufacturing practices in light of existing technology; and (2) compliance with Government standards and contract specifications; and (3) claimant's intoxication. Holds each defendant found responsible for the harm jointly and severally liable. Makes a product seller or manufacturer liable for punitive damages if such seller or manufacturer: (1) knowingly destroyed or failed to make available evidence whose production is required; or (2) manifested a conscious and flagrant indifference to consumer safety. Lists factors to be considered in setting the amount of punitive damages. Limits punitive damages to treble damages plus costs. Provides that punitive damages may not be awarded where: (1) a drug or medical device complied with certain Government standards; or (2) an aircraft was certified by the Secretary of Transportation under the Federal Aviation Act of 1958. Establishes a 25-year statute of repose. Requires any damage award to be reduced by the amount of workers' compensation benefits paid. Establishes a Federal Product Liability Study Panel to study: (1) existing and proposed expedited product liability claims procedures; (2) Federal and State workers' compensation systems; and (3) nonjudicial methods for resolving product liability claims. Requires the Panel to report to specified congressional committees within two years of enactment of this Act.

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Documents

2 official files

• Reported to House amended, Part I

  summary · EN · 30 June 1988

  Open at official source

• Introduced in House

  summary · EN · 18 February 1987

  Open at official source

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