SB 379 Restricts the time to file a products liability claim and when a manufacturer or seller of a product may be liable
Sponsor: Kehoe
LR Number: 1667S.01I Fiscal Note: 1667-01N.ORG
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 5/9/2011 - SCS Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee (1667S.03C) Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2011

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Current Bill Summary


SCS/SB 379 - This act modifies the laws regarding products liability claims. The act adopts a statute of repose for products liability claims. A statute of repose limits liability by limiting the time period during which a cause of action can arise. This act adopts a presumption that the useful safe life of a product is twelve years after the time of delivery. If harm is caused more than twelve years after the time of delivery of the product, the presumption can be rebutted by a preponderance of the evidence that the useful safe life of the product is longer. The useful safe life of a product shall also end, if the product is materially altered. A manufacturer or seller of a product may be subject to liability after the useful safe life of the product, if the product has a warranty for a longer period, or the manufacturer or seller intentionally misrepresents facts about the product and that conduct causes the individual's harm. A person bringing a products liability claim is required to bring a claim within five years from the time they discovered the harm and its cause. This act does not apply to actions arising out of a defective or unsafe condition of any improvement to real property.

EMILY KALMER