Uniform Product Liability Act of 1989

Summary

Uniform Product Liability Act of 1989 - Governs any product liability action brought in either State or Federal court against a manufacturer or product seller for personal injury, property damage, or commercial loss, superseding State law whenever this Act establishes a rule of law applicable to recovery for the harm in question. Describes the scope of preemption. Authorizes States to develop or implement alternative procedures, standards, or systems not inconsistent with this Act. Denies manufacturer liability for harm caused by an unreasonable or unforeseeable use or alteration of a product or by a danger known to be inherent to the product and incapable of mitigation. Describes conditions under which a manufacturer will not be held liable for harm caused by product design or failure to warn. Describes conditions governing product seller liability, holding a seller liable only if the claimant establishes by a preponderance of the evidence that: (1) the seller's failure to exercise reasonable care with respect to the product was the proximate cause of the harm in question; or (2) the harm was caused by the product's failure to conform to the seller's express warranty. Describes: (1) defenses applicable in product liability cases; (2) the respective liability of codefendants; and (3) standards and limitations to govern awards of punitive damages. Imposes a two-year statute of limitations with respect to product liability actions, with longer periods applicable in cases involving capital goods and aviation accidents. Prescribes coordination requirements in connection with product liability actions that also involve workers' compensation awards. Directs any court in which a product liability action is brought to give the parties the opportunity to engage in nonbinding arbitration with respect to the claim in question. Describes conditions to govern such arbitration.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 23 March 1989

  Open at official source

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