THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BAKER, BRUBAKER, EARLL, EICHELBERGER, FOLMER, PICCOLA, SMUCKER, WAUGH, D. WHITE AND M. WHITE, FEBRUARY 3, 2011

REFERRED TO JUDICIARY, FEBRUARY 3, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in limitation of time,

providing for a statute of repose in product liability

actions.

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:

§ 5539.  Statute of repose in product liability actions.

(a)  General rule.--Except as provided in subsection (b), a

civil action or proceeding brought against any person or

business entity to recover damages for death, for injury to

persons or property or for economic loss allegedly resulting

from a defective product must be commenced within 15 years of

any of the following:

(1)  The date of delivery of the product to the first

purchaser or lessee who is not engaged in the business of

selling or leasing the product.

(2)  The date of completion of the replacement or

addition of a new component, system, subassembly or other

part which was added to the product and which is alleged to

have caused death, injury to persons or property or economic

loss.

(b)  Exception.--Subsection (a) does not apply to any of the

following:

(1)  An action brought under a written warranty which

would be enforceable under law but for the operation of this

section.

(2)  An action against a manufacturer, seller or

distributor of the product or the manufacturer, seller or

distributor of any new component, system, subassembly or

other part of the product alleging a physical illness the

evidence of which did not appear within 15 years of the first

exposure to the product.

(c)  Applicability.--This section shall apply to any claim or

action brought by a plaintiff for harm caused by a product,

irrespective of the theory underlying the claim, other than an

action for harm caused by breach of an express warranty.

(d)  Limitation.--If an injury or wrongful death occurs more

than 13 years and within 15 years after delivery of the product

as described in subsection (a)(1) or the date of completion of

the replacement or addition of a new component as described in

subsection (a)(2), a civil action or proceeding within the scope

of subsection (a) may be commenced within the time otherwise

limited by this subchapter, but not later than 17 years after

the events described in subsection (a)(1) and (2).

Section 2.  This act shall apply to all actions filed after

the effective date of this section.

Section 3.  This act shall take effect immediately.