To establish procedures for product liability actions.
Common Sense Product Liability Reform Act - Declares that this Act governs any product liability action in State or Federal court against a manufacturer or seller, except for: (1) actions for commercial loss; (2) issues not covered by this Act; and (3) actions under title XXI (Vaccines) of the Public Health Service Act.
(Sec. 3) Establishes seller liability if the seller failed to exercise reasonable care, made an express warranty (independent of any express manufacturer's warranty), or engaged in intentional wrongdoing as determined under State law. Declares that the seller shall not be considered to have failed to exercise reasonable care based on a failure to inspect the product where there was no reasonable opportunity to inspect. Makes the seller liable as if the seller were the manufacturer if: (1) the manufacturer is not subject to service of process under the laws of the State of the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer.
(Sec. 4) Makes it a complete defense if the claimant, as a result of the influence of alcohol or a controlled substance, was more than 50 percent responsible for causing the event that resulted in the harm.
(Sec. 5) Reduces the manufacturer's or seller's liability by the percentage of responsibility for the harm attributable to misuse or alteration of a product.
(Sec. 6) Prohibits a product liability action unless filed within 15 years of the date of delivery of the product to its first purchaser or lessee, unless there was an express warranty longer than 15 years. States that the preceding sentence applies only if: (1) the claimant is eligible for workers' compensation; and (2) the harm from the product did not cause a chronic illness.
(Sec. 7) Allows punitive damages if it is established by clear and convincing evidence that the harm resulted from conscious, flagrant indifference to safety, subject to various limitations and requirements.
(Sec. 8) Allows several but not joint liability for noneconomic damages in direct proportion to the defendant's percentage of responsibility.
(Sec. 9) Declares that the district courts of the United States shall not have jurisdiction, under provisions of Federal law relating to Federal questions, commerce and antitrust, and amounts in controversy, over actions under this Act.
(Sec. 10) Establishes sanctions for frivolous pleadings.
(Sec. 12) Allows biomaterials suppliers to be liable only if certain matters are shown by a preponderance of the evidence.
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred for a period ending not later than February 21, 1995, (or for a later time if the Chairman so designates) to the Subcommittee on Commerce, Trade, and Hazardous Materials.
Subcommittee Hearings Held.
Subcommittee on Commerce, Trade, and Hazardous Materials Discharged.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
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Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 17.
Reported (Amended) by the Committee on Commerce. H. Rept. 104-63, Part I.
Reported (Amended) by the Committee on Commerce. H. Rept. 104-63, Part I.