| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY BOYD, BOBACK, CALTAGIRONE, CLYMER, EVERETT, FLECK, GEIST, GINGRICH, GRELL, HENNESSEY, HESS, KAUFFMAN, KILLION, MICOZZIE, MILLER, MUSTIO, PICKETT, PYLE, SCHRODER, SONNEY, VULAKOVICH, WATSON AND YOUNGBLOOD, FEBRUARY 1, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 1, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, providing for liability |
3 | rules applicable to product sellers. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 42 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 8320.1. Liability rules applicable to product sellers. |
9 | (a) General rule.--In a product liability action, a product |
10 | seller other than a manufacturer shall not be liable for damages |
11 | resulting in death, injury to person or property or economic |
12 | loss unless the plaintiff establishes at least one of the |
13 | following: |
14 | (1) The product that allegedly caused the harm |
15 | complained of by the plaintiff was sold by the product |
16 | seller, the product seller failed to exercise reasonable care |
17 | with respect to the product before placing the product in the |
|
1 | stream of commerce and the failure to exercise reasonable |
2 | care was a proximate cause of the harm complained of by the |
3 | plaintiff. For purposes of this paragraph, a product seller |
4 | shall not be considered to have failed to exercise reasonable |
5 | care with respect to the product based upon an alleged |
6 | failure to inspect a product where there was no reasonable |
7 | opportunity to inspect the product in a manner which, in the |
8 | exercise of reasonable care, would have revealed the aspect |
9 | of the product that allegedly caused the harm complained of |
10 | by the plaintiff. |
11 | (2) The product seller made an express warranty |
12 | applicable to the product that allegedly caused the harm |
13 | complained of by the plaintiff independent of an express |
14 | warranty made by a manufacturer as to the same product, the |
15 | product failed to conform to the seller's express warranty |
16 | and the failure of the product to conform to the seller's |
17 | express warranty caused the harm complained of by the |
18 | plaintiff. |
19 | (3) The product seller, before placing the product in |
20 | the stream of commerce, exercised significant control over |
21 | the design, manufacture, packaging or labeling of the product |
22 | related to the alleged defect in the product that caused the |
23 | harm complained of by the plaintiff. |
24 | (4) The product seller, before placing the product in |
25 | the stream of commerce, knew or reasonably should have known |
26 | of the defect in the product that caused the harm complained |
27 | of by the plaintiff or the product seller was in possession |
28 | of facts from which a reasonable person would conclude that |
29 | the product seller had or should have had knowledge of the |
30 | alleged defect in the product that caused the harm complained |
|
1 | of by the plaintiff. |
2 | (5) The product seller engaged in intentional wrongdoing |
3 | that was a proximate cause of the harm complained of by the |
4 | plaintiff. |
5 | (6) The product seller, before placing the product in |
6 | the stream of commerce, held itself out as the manufacturer |
7 | to the user of the product, in which case the product seller |
8 | shall be liable as though the product seller were the |
9 | manufacturer of the product. |
10 | (b) Rental and leases.--Notwithstanding any other provision |
11 | of law, a product seller who is engaged in the business of |
12 | renting or leasing a product shall be subject to liability under |
13 | subsection (a) but shall not be liable to a plaintiff for the |
14 | tortious act of another solely by reason of ownership of the |
15 | product. |
16 | (c) Certification of manufacturer identity.-- |
17 | (1) In a product liability action against a product |
18 | seller, the product seller may file an affidavit certifying |
19 | the correct identity of the manufacturer of the product that |
20 | allegedly caused the injury, death or damage. |
21 | (2) The product seller shall exercise due diligence in |
22 | providing the plaintiff with the correct identity of the |
23 | manufacturer. |
24 | (d) Definitions.--As used in this section, the following |
25 | words and phrases shall have the meanings given to them in this |
26 | subsection: |
27 | "Manufacturer." A person who: |
28 | (1) Produced, created, made or constructed the product |
29 | or component part of the product. |
30 | (2) Designed or formulated the product or component part |
|
1 | of the product or engaged another person to design or |
2 | formulate the product or component part of the product. |
3 | "Product seller." A person who, in the course of a business |
4 | conducted for that purpose, sells, distributes, rents, leases, |
5 | prepares, packages, labels or otherwise is involved in placing a |
6 | product in the stream of commerce. |
7 | Section 2. This act shall apply to all actions instituted on |
8 | or after the effective date of this act. |
9 | Section 3. This act shall take effect in 60 days. |
|