May 10, 1995(Key vote)
Title: Product Liability bill
Vote Smart's Synopsis:
Vote to pass a bill that limits the ability of consumers to sue and for juries to award punitive damages in cases of product liability.
Allows a claimant or defendant in a product liability action to proceed with voluntary, nonbonding, alternative dispute resolution (ADR).
Sets a uniform statute of limitations at 2 years after the claimant discovered, or should have discovered, the harm findings of a product, or 15 years after the product was purchased.
Excludes any biomaterials supplier from legal suits for harm caused by a claimant unless they have manufactured the product.
Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing.
Reduces damages by a percentage of harm attributable to misuse or alteration.
Allows punitive damages if the claimant shows by clear and convincing evidence that the harm resulted from the defendant's conscious, flagrant safety indifference.
Limits the punitive damage amounts that may be awarded to a claimant to either twice the amount of economic and non-economic damage, or $25,000, depending on the size of the business.
Sets a statute of limitations within which a product liability action claim must be made.
Allows a supplier to be liable if the claimant shows, by a preponderance of the evidence, violation of contractual requirements or specifications.
NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.