Introduced

SB 379 - This act prohibits a person from bringing a products liability claim more than ten years after the date on which the product that allegedly caused the damage was first placed in the stream of commerce. This prohibition does not apply to an action for indemnity or contribution brought by a defendant to a products liability action. This prohibition also does not apply to any action to recover damages allegedly resulting from exposure to asbestos, dioxins, or polychlorinated biphenlys (PCBs), or actions arising out of a defective or unsafe condition of any improvement to real property.

This act specifies that a manufacturer or seller of a product is not liable in a products liability action where a proximate cause of the damage was an alteration of modification of the product by someone other than the manufacturer or seller. The act also provides a couple of exceptions to this limitation and specifies that this limitation on liability applies to changes in the design, formula, function or use of the product from that originally designed, tested, or intended by the manufacturer, including failure to observe routine care and maintenance.

EMILY KALMER


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