Product Liability Act

Summary

Product Liability Act - Preempts State product liability laws. States that this Act governs any civil action for harm caused by a product which would have been based on: (1) strict or absolute liability in tort; (2) negligence or gross negligence; (3) breach of express or implied warranty; (4) failure to discharge a duty to warn or instruct; or (5) any other theory that is the basis for an award for damages for loss or damage caused by a product. Makes a manufacturer liable if the claimant establishes by a preponderance of the evidence that a product was unreasonably dangerous: (1) in construction or design; (2) because the manufacturer failed to provide adequate warnings of danger; or (3) because the product did not conform to an express warranty. Specifies the findings which must be made for such proof of unreasonable danger to be determined. Subjects a product seller to liability if the claimant proves by a preponderance of the evidence that the claimant's harm was proximately caused by such seller's failure to use reasonable prudence with respect to the product. Enumerates circumstances under which such a seller is also subject to the liability of a manufacturer. Provides that all claims under this Act shall be governed by the principles of comparative responsibility. Sets forth rules with respect to conduct affecting comparative responsibility, including misuse, alteration, or modification of a product. Specifies the manner in which damages are to be apportioned. Requires that damages in any product liability claim be reduced by an amount paid as workers' compensation benefits. Prescribes a statute of limitations for recovery. Directs the Judicial Conference of the United States to establish a Product Liability Review Panel to conduct an ongoing review of the adequacy of legal remedies available to persons injured by products and to report its findings and recommendations to Congress. Requires the panel to conduct a study to determine the feasibility or availability, or both, of providing compensation without regard to fault to claimants for any loss or damage caused by a product. Authorizes appropriations for FY 1985. Declares that it is the intent of the Congress that, in other than exceptional cases, the Supreme Court shall not review issues relating solely to the sufficiency of the evidence in cases arising under this Act which have been finally decided by the highest court of any State.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 3 January 1985

   Introduced

   Read twice and referred to the Committee on Commerce.

   Source: IntroReferral

2. 3 January 1985

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 21 March 1985

   Committee

   Subcommittee on Consumer. Hearings held. Hearings printed: S.Hrg. 99-84.

   Source: Committee

4. 16 May 1985

   Failed

   Committee on Commerce. Failed to approve for reporting.

   Source: Committee

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

1 official file

• Introduced in Senate

  summary · EN · 3 January 1985

  Open at official source

Sponsors

• Sen. Kasten, Robert W., Jr. [R-WI] · R · Sponsor
• Sen. East, John P. [R-NC] · R · Sponsor
• Sen. Helms, Jesse [R-NC] · R · Sponsor
• Sen. Lugar, Richard G. [R-IN] · R · Sponsor
• Sen. Abdnor, James [R-SD] · R · Sponsor
• Sen. Pressler, Larry [R-SD] · R · Sponsor
• Sen. Garn, E. J. (Jake) [R-UT] · R · Sponsor
• Sen. Quayle, Dan [R-IN] · R · Sponsor
• · sscm00 · Standing

Related records

• amends ← To promote and regulate interstate commerce and commerce affecting interstate commerce by providing a certain and standardized alternative product liability law for persons injured by consumer products, and for other purposes.
• amends ← In the nature of a substitute.
• amends ← SAMDT 1814
• amends ← To add provisions regarding uniform standards of liability for harm arising out of general aviation accidents.