THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY REED, BEAR, BOYD, CAUSER, CLYMER, CREIGHTON, DENLINGER, J. EVANS, EVERETT, FAIRCHILD, FLECK, GRELL, HICKERNELL, HUTCHINSON, M. KELLER, KILLION, METCALFE, MILLARD, MILLER, MOUL, MUSTIO, PICKETT, PYLE, ROCK, ROHRER, SCAVELLO, SONNEY AND STERN, FEBRUARY 18, 2009

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 18, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for liability

rules applicable to product sellers and manufacturers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 8340.2.  Liability rules applicable to product sellers and

manufacturers.

(a)  Innocent seller.--No product liability action based on

the doctrine of strict liability in tort shall be commenced or

maintained against any seller of a product which is alleged to

contain or possess a defective condition unreasonably dangerous

to the buyer, user or consumer unless the seller is also the

manufacturer of the product or the manufacturer of the part

thereof claimed to be defective giving rise to the product

liability action. Nothing under this subsection shall be

construed to limit any other action from being brought against

any seller of a product.

(b)  Product misuse.--A product liability action may not be

commenced or maintained against a manufacturer or seller of a

product that caused injury, death or property damage if any of

the following apply:

(1)  At the time the injury, death or property damage

occurred, the product was used in a manner or for a purpose

other than that which was intended and which could not

reasonably have been expected and the misuse of the product

was a cause of the injury, death or property damage.

(2)  The manufacturer or seller of the product provided

warning or instruction that, if heeded, would have prevented

the injury, death or property damage.

(c)  Presumptions.--The following presumptions shall apply to

product liability actions:

(1)  In any product liability action, it shall be

rebuttably presumed that the product which caused the injury,

death or property damage was not defective and that the

manufacturer or seller of the product was not negligent if

any of the following applies:

(i)  The product, prior to sale by the manufacturer,

conformed to the state of the art, as distinguished from

industry standards, applicable to the product in

existence at the time of sale.

(ii)  The product complied with, at the time of sale

by the manufacturer, any applicable code, standard or

regulation adopted or promulgated by the United States or

the Commonwealth.

(2)  Noncompliance with a government code, standard or

regulation existing and in effect at the time of sale of the

product by the manufacturer which contributed to the claim or

injury shall create a rebuttable presumption that the product

was defective or negligently manufactured.

(3)  Ten years after a product is first sold for use or

consumption, it shall be rebuttably presumed that the product

was not defective and that the manufacturer or seller of the

product was not negligent and that all warnings and

instructions were proper and adequate.

(4)  In a product liability action in which the court

determines by a preponderance of the evidence that the

necessary facts giving rise to a presumption have been

established, the court shall instruct the jury concerning the

presumption.

(d)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Manufacturer."  A person or entity who designs, assembles,

fabricates, produces, constructs or otherwise prepares a product

or a component part of a product prior to the sale of the

product to a user or consumer. The term includes any of the

following:

(1)  A seller of a product who has actual knowledge of a

defect in the product.

(2)  A seller of a product who creates and furnishes a

manufacturer with specifications relevant to the alleged

defect for producing the product.

(3)  A seller of a product who otherwise exercises some

significant control over all or a portion of the

manufacturing process.

(4)  A seller of a product who alters or modifies a

product in any significant manner after the product comes

into his possession and before it is sold to the ultimate

user or consumer.

(5)  A seller of a product who is owned in whole or

significant part by the manufacturer or who owns, in whole or

significant part, the manufacturer. A seller not otherwise a

manufacturer shall not be deemed to be a manufacturer merely

because he places or has placed a private label on a product

if:

(i)  He did not:

(A)  otherwise specify how the product shall be

produced; or

(B)  control, in some significant manner, the

manufacturing process of the product.

(ii)  The seller discloses who the actual

manufacturer is.

"Product liability action."  Any action brought against a

manufacturer or seller of a product, regardless of the

substantive legal theory or theories upon which the action is

brought, for or on account of personal injury, death or property

damage caused by or resulting from any of the following:

(1)  The manufacture, construction, design, formula,

installation, preparation, assembly, testing, packaging,

labeling or sale of any product.

(2)  The failure to warn or protect against a danger or

hazard in the use, misuse or unintended use of any product.

(3)  The failure to provide proper instructions for the

use of any product.

"Seller."  An individual or entity, including a manufacturer,

wholesaler, distributor or retailer, who is engaged in the

business of selling or leasing any product for resale, use or

consumption.

Section 2.  This act shall apply to all actions instituted on

or after the effective date of this section.

Section 3.  This act shall take effect in 60 days.