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United States · Bill · HR

H.R. 956 (104th)

Product Liability Fairness Act of 1995

passedUnited States· United States Congress· EN

Introduced

15 February 1995

Last action

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Status

On motion to refer the bill and the accompanying veto message to the Committee on Judiciary. Agreed to without objection.

Sponsors

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Subjects

Discovery layer

Source updated

7 April 2025

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Summary

TABLE OF CONTENTS: Title I: Product Liability Reform Title II: Punitive Damages Reform Title III: Effect on Other Law; Effective Date Common Sense Legal Standards Reform Act of 1995 - Title I: Product Liability Reform - Common Sense Product Liability Reform Act of 1995 - Declares that: (1) U.S. district courts shall not have jurisdiction pursuant to this title based on specified provisions of the Federal judicial code; (2) this title governs any product liability action brought in any State or Federal court against a manufacturer or product seller on any theory for harm caused by a product, except actions brought under the General Aviation Revitalization Act of 1994 and civil actions brought against a manufacturer or product seller for commercial losses which shall be governed only by applicable commercial or contract law; and (3) this title supersedes State law only to the extent that such law applies to an issue covered by this title. (Sec. 104) Makes a product seller other than a manufacturer liable to a claimant in a product liability action only if the claimant establishes that: (1) the seller sold the product which allegedly caused the harm complained of was sold by the product seller, the seller failed to exercise reasonable care with respect to the product, and such failure was a proximate cause of the claimant's harm; (2) the seller made an express warranty applicable to the product independent of any express warranty made by the manufacturer, the product failed to conform to the warranty, and such failure caused the claimant's harm; or (3) the seller engaged in intentional wrongdoing as determined under applicable State law and such intentional wrongdoing was a proximate cause of the harm complained of by the claimant. Specifies that a product seller shall: (1) not be considered to have failed to exercise reasonable care based upon an alleged failure to inspect a product where there was no reasonable opportunity to inspect the product in a manner which would have revealed the aspect of the product which allegedly caused the claimant's harm; and (2) be liable, in a product liability action, for harm to the claimant caused by such product as if the seller were the manufacturer of such product if the manufacturer is not subject to service of process under the laws of any State in which the action might have been brought, or the court determines that the claimant would be unable to enforce a judgement against the manufacturer. (Sec. 105) Makes it a complete defense to a product liability action that the claimant: (1) was intoxicated or under the influence of intoxicating alcohol or any drug; and (2) as a result of such influence, was more than 50 percent responsible for the accident or event which resulted in such claimant's harm. (Sec. 106) Specifies that in a product liability action the liability of each defendant for noneconomic loss shall be several only and not joint, and that each defendant shall be liable only for the amount of noneconomic loss attributable to such defendant's proportionate share of fault or responsibility for the claimant's harm, as determined by the trier of fact. (Sec. 107) Bars a product liability action unless the complaint is served and filed within 15 years after the time of delivery of the product, with exceptions. Title II: Punitive Damages Reform - Authorizes punitive damages, to the extent permitted by applicable State law, in any civil action in Federal or State court against a defendant if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct specifically intended to cause harm or conduct manifesting a conscious, flagrant indifference to the safety of those persons who might be harmed by the product for which the action was brought. Sets forth provisions regarding: (1) proportional awards; (2) applicability and preemption; and (3) bifurcation of proceedings at either party's request. Title III: Effect on Other Law; Effective Date - Specifies that nothing in title I or II shall be construed to: (1) waive or affect any defense of sovereign immunity asserted by any State or by the United States; (2) supersede any Federal law, except the Federal Employers Compensation Act and the Longshore and Harbor Workers' Compensation Act; (3) affect the applicability of Federal judicial code provisions regarding the jurisdictional immunities of foreign states; (4) preempt State choice-of-law rules with respect to claims brought by a foreign nation or a citizen of a foreign nation; (5) affect the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or of a citizen of a foreign nation on the ground of inconvenient forum; or (6) supersede any Federal law that prescribes a specific regimen for punitive damages.

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Documents

20 official files

Enrolled Bill (text)

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