Product Liability Act

openUnited States· United States Congress· EN

Introduced

26 January 1983

Last action

12 September 1984 · Committee

Status

Placed on Senate Legislative Calendar under General Orders. Calendar No. 1168.

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 and; (4) failure to discharge a duty to warn or instruct. 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 requisite 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 care 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. Precribes a statute of limitation for recovery. Allows punitive damages to be awarded if the claimant proves by clear and convincing evidence that the harm suffered was the result of the product manufacturer's or sellers's reckless disregard for the safety of product users, consumers, or others who might be harmed by the product. Provides that evidence of corrective measures taken by a product seller after a harm has occurred would not be admissible in court to prove liability.

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

Timeline

26 January 1983
Introduced
Read twice and referred to the Committee on Commerce.
Source: IntroReferral
26 January 1983
Introduced
Introduced in Senate
Source: IntroReferral
6 April 1983
Committee
Subcommittee on Consumer. Hearings held.
Source: Committee
27 April 1983
Committee
Subcommittee on Consumer. Hearings concluded. Hearings printed: S.Hrg. 98-302 Pt. 1.
Source: Committee
5 March 1984
Committee
Subcommittee on Consumer. Hearings held. Hearings printed: S.Hrg. 98-302 Pt. 2.
Source: Committee
27 March 1984
Reported
Committee on Commerce. Ordered to be reported with amendments favorably.
Source: Committee
23 May 1984
Calendars
Placed on Senate Legislative Calendar under General Orders. Calendar No. 918.
Source: Calendars
23 May 1984
Reported
Committee on Commerce. Reported to Senate by Senator Packwood with amendments. With written report No. 98-476. Additional and minority views filed.
Source: Committee
23 May 1984
Reported
Committee on Commerce. Reported to Senate by Senator Packwood with amendments. With written report No. 98-476. Additional and minority views filed.
Source: Committee
10 August 1984
Introduced
Referred to the Committee on Labor and Human Resources by unanimous consent for consideration of only sections 3 (b) (2), and 10 of the first Committee amendment, as they relate to the rights of employers and employees under various federal and state acts for a period not to extend beyond the close of business September 12, 1984; provided that if S. 44 is not reported at such time, the Labor Committee shall be discharged and S. 44 shall be placed directly on the Calendar, and that any report regarding S. 44 shall be filed no later than September 12, 1984.
Source: IntroReferral
12 September 1984
Calendars
Placed on Senate Legislative Calendar under General Orders. Calendar No. 1168.
Source: Calendars
12 September 1984
Discharge
Senate Committee on Labor and Human Resources discharged by Unanimous Consent.
Source: Discharge
12 September 1984
Committee
Senate Committee on Labor and Human Resources discharged by Unanimous Consent.
Source: Committee

Votes

No vote records are attached yet.

Versions

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

Documents

2 official files

Leesvertaling

Vertaal dit document naar jouw taal. PoliticalRepo bewaart geen aparte kopie per EU-taal.

Vertaal naar

Documentvertaling op verzoek met downloadbare PDF (logo + link naar de officiële bron). Het bronbestand blijft leidend.

Reported to Senate with amendment(s)
summary · EN · 23 May 1984
Open at official source
Introduced in Senate
summary · EN · 26 January 1983
Open at official source
Leesvertaling
Vertaal dit document naar jouw taal. PoliticalRepo bewaart geen aparte kopie per EU-taal.
Vertaal naar
Documentvertaling op verzoek met downloadbare PDF (logo + link naar de officiële bron). Het bronbestand blijft leidend.

Related records

Sources

PoliticalRepo is an index and interpretation layer, not the authoritative legal source.

Official source: https://www.congress.gov/bill/98th-congress/senate-bill/44
Open data entity: https://api.congress.gov/v3/bill/98/s/44
us · 98-s-44 · source updated 21 April 2025