Product Liability Reform Act

Summary

Product Liability Reform Act - Title I: States that this Act governs any civil action brought against a manufacturer or product seller for harm caused by a product. Supersedes any inconsistent State law regarding recovery in such actions. States that U.S. district courts shall not have jurisdiction over civil actions pursuant to this Act. Title II: Establishes procedures by which any party may serve upon any other party offers to settle claims. Holds any offeree who rejects a settlement offer and fails to substantially prevail in the action liable for the claimant's attorney's fees and costs. Allows the parties to pursue State established or recognized voluntary alternative dispute resolution procedures. Allows the court to assess reasonable attorney's fees and costs against any offeree who unreasonably refuses to proceed pursuant to such procedures. Title III: Allows any person seeking recovery for harm caused by a product to bring a civil action against the product's manufacturer or seller. Establishes uniform standards of product seller liability. Subjects a product seller to liability if the claimant establishes by a preponderance of the evidence that: (1) the product seller did not exercise reasonable care with respect to the product; or (2) the product failed to conform to an express warranty made by the product seller. Treats a product seller as a manufacturer where: (1) the manufacturer is not subject to service of process under the laws of any State in which the action might be brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages to be awarded, if permitted by applicable law, where the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting the manufacturer's or seller's conscious, flagrant indifference to the safety of those who might be harmed by the product. Provides that punitive damages may not be awarded where: (1) a drug or medical device was approved or is generally recognized as safe by the Food and Drug Administration; or (2) an aircraft was certified by the Federal Aviation Administration under the Federal Aviation Act of 1958. Establishes uniform statutes of limitation and repose for product liability actions. Imposes penalties for the destruction or concealment of material relevant to product liability actions. Requires any damage award to be reduced by the amount of workers' compensation benefits paid. States that the liability of each defendant for noneconomic damages shall be several and not joint. Bars recovery where the claimant in a product liability action is under the influence of alcohol or any drug and more than 50 percent responsible for the harm. Title IV: Requires the Secretary of Commerce to provide the Congress with an annual report analyzing the impact of this Act on product liability insurance.

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

Timeline

No timeline events have been ingested for this record yet.

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 · 6 March 1987

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.