PRIOR PRINTER'S NO. 824 PRINTER'S NO. 911
No. 784 Session of 1981
INTRODUCED BY GEKAS, FISHER, HAGER, HOWARD, SNYDER, SHAFFER,
O'CONNELL, KUSSE, HESS, STAUFFER, HOPPER, KELLEY, MOORE,
PRICE AND MANBECK, MAY 4, 1981
SENATOR GEKAS, JUDICIARY, AS AMENDED, MAY 27, 1981
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, adding provisions
3 relating to product liability actions.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Subchapter B of Chapter 55 of Title 42, act of
7 November 25, 1970 (P.L.707, No.230), known as the Pennsylvania
8 Consolidated Statutes, is amended by adding a section to read:
9 § 5537. Product liability actions.
10 (a) User or consumer may bring action.--A user or consumer
11 may bring a product liability action at any time, subject to
12 subsection (c), where the action is based solely on one or more
13 of the following:
14 (1) Any theory or theories of negligence.
15 (2) Fraudulent misrepresentation, fraudulent concealment
16 or fraudulent nondisclosure by the defendant.
17 (3) A negotiated contractual obligation which contains a
18 period of limitation different than that contained in
1 subsection (b). If, however, the negotiated contractual
2 obligation provides for a period shorter than that set forth
3 in subsection (b), such shorter period shall not be
4 applicable to the rights of persons who are not parties to
5 such negotiated contractual obligation. No reduction or
6 limitation of the period set forth in subsection (b) shall be
7 applicable to consumer goods as defined in 13 Pa.C.S. § 9109
8 (relating to classification of goods: "consumer goods";
9 "equipment"; "farm products"; "inventory").
10 (4) To recover damages to the person caused by the use
11 of or exposure to any product or substance which causes
12 injury of a latent or incremental nature which was not
13 manifest or reasonably detectable prior to the expiration of
14 the period set out in subsection (b).
15 (b) General 12-year statute of repose.--No product liability
16 action, as defined in section 8363 (relating to definition),
17 other than those set forth in subsection (a) may be brought more
18 than 12 years from the time the person who is primarily
19 responsible for manufacturing the final product parted with its
20 possession and control, or sold it, whichever occurred last.
21 (c) Two-year statute of limitation.--Any product liability
22 action set forth in subsection (a) or accruing during or prior
23 to the twelfth year from the time set forth in subsection (b),
24 shall be brought within two years after the date on which that
25 action accrued. However, this subsection shall not be construed
26 to alter any contrary provision contained in Title 13 (relating
27 to commercial code).
28 (d) Action for indemnity or contribution.--An action for
29 indemnity or contribution, other than an action arising out of a
30 written contract, shall be commenced within the period of time
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1 set forth in this action SECTION, plus 180 days, unless extended <--
2 by the court for good cause shown. An action for indemnity or
3 contribution may be commenced at the time the party seeking
4 indemnity or contribution is named a defendant in any action,
5 whether or not the party seeking indemnity or contribution has
6 come under a fixed obligation to pay damages in the product
7 liability action brought against it.
8 Section 2. Chapter 83 of Title 42 is amended by adding a
9 subchapter to read:
10 CHAPTER 83
11 PARTICULAR RIGHTS AND IMMUNITIES
12 * * *
13 SUBCHAPTER F
14 PRODUCT LIABILITY ACTIONS
15 Sec.
16 8361. Preamble.
17 8362. Short title of subchapter.
18 8363. Definitions.
19 8364. Strict liability in tort.
20 8365. Permissible theories for product liability actions.
21 8366. Defense for product modification, alteration or
22 deterioration.
23 8367. Product misuse by persons other than defendant.
24 8368. Liability for product design or formula.
25 8369. Failure to specify, instruct or warn.
26 8370. Mandatory government contract specifications.
27 8371. State of the art.
28 8372. Inadmissibility of evidence of improvements.
29 8373. Evidence of collateral benefits.
30 8374. Punitive and exemplary damages.
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1 8375. Comparative responsibility in product liability actions.
2 § 8361. Preamble.
3 This act sets forth standards for Pennsylvania product
4 liability law. The principal purpose of the act is to provide a
5 fair balance of the interests of manufacturers and sellers of
6 products, users and consumers of those products and the public
7 at large. The fulfillment of this purpose should assist, first,
8 to provide incentives for innovation, development and the
9 manufacturing of safe products without threatening the economic
10 stability of product manufacturers, thereby benefiting the
11 general public, and, second, to assure that persons injured by
12 unreasonably unsafe products will be compensated fairly for
13 their injuries, and, third, to make product liability insurance
14 more widely available and affordable, with greater stability in
15 insurance costs and more predictability in insurance risks.
16 § 8362. Short title of subchapter.
17 This subchapter shall be known and may be cited as the
18 "Product Liability Law."
19 § 8363. Definitions.
20 The following words and phrases when used in this subchapter
21 shall have, unless the context clearly indicates otherwise, the
22 meanings given to them in this section:
23 "Manufacturer." A seller who manufactures the finished
24 product, or any component substance or part thereof, which is
25 proven to have caused injury to the user or consumer. The term
26 includes any seller who:
27 (1) has actual knowledge of a defect in a product; <--
28 (2) creates and furnishes a manufacturer with
29 specifications for manufacturing the product when the
30 specifications are related to the alleged defect;
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1 (3) otherwise exercises some substantial control over
2 all or a portion of the manufacturing process;
3 (4) alters or modifies a product in a substantial way
4 before it is sold to a user or consumer;
5 (5) is the actual importer of the product, unless a <--
6 party, including the party instituting an action pursuant to
7 this subchapter, is capable of obtaining valid jurisdiction
8 over the foreign product manufacturer;
9 (5) IS THE ACTUAL IMPORTER OF THE PRODUCT, IF THE PARTY <--
10 INSTITUTING AN ACTION PURSUANT TO THIS SUBCHAPTER IS UNABLE
11 TO OBTAIN VALID IN PERSONAM JURISDICTION OVER A FOREIGN
12 PRODUCT MANUFACTURER;
13 (6) sells a product manufactured by a person who has
14 been judicially declared insolvent or bankrupt or who has no
15 identifiable successor in interest; or
16 (7) does not disclose the identity of the actual
17 manufacturer subsequent to the incident which is the basis of
18 the product liability action within 60 days after receiving a
19 written request for such disclosure, which written request
20 shall provide the seller with all information in the
21 requester's possession necessary to identify the actual
22 manufacturer.
23 "Manufactures." Constructs, designs, fabricates, formulates,
24 installs, prepares or assembles a product.
25 "Person." An individual, corporation, partnership, business
26 trust, unincorporated organization, association, professional
27 association or joint stock company.
28 "Product." Tangible personal property, including fixtures,
29 but not including real property or buildings.
30 "Product liability action" or "action." Any action brought
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1 for or on account of personal injury, illness, disease,
2 disability, death or property damage caused by the manufacture,
3 construction, design, formula, installation, preparation,
4 assembly, testing, marketing, packaging, labeling or sale of any
5 product or the failure to warn or protect against a danger or
6 hazard in the use, misuse or unintended use of any product, or
7 the failure to provide proper instructions for the use of any
8 product, including such an action brought under Title 13
9 (relating to commercial code).
10 "Seller." Any person, including a wholesaler, distributor or
11 retailer, who is engaged in the business of selling or leasing
12 such products for resale, use or consumption.
13 "User or consumer." A person who uses or consumes a product,
14 including bystanders or other persons who are harmed by a
15 product.
16 § 8364. Strict liability in tort.
17 (a) General rule.--A manufacturer is subject to liability
18 for physical harm caused to the person or property of the user
19 or consumer only if all of the following conditions are met:
20 (1) The product was manufactured in a defective
21 condition.
22 (2) The product was expected to and did reach the user
23 or consumer without substantial change in the condition in
24 which it was manufactured.
25 (3) The defective condition was unreasonably dangerous
26 to the person or property of the user or consumer.
27 (4) The defective condition caused the harm sustained by
28 the person or property of the user of consumer.
29 (b) Lack of care or contract not necessary.--The rule stated
30 in subsection (a) applies although:
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1 (1) The manufacturer has exercised all possible care in
2 the manufacture and sale of the product.
3 (2) The user or consumer has not bought the product from
4 or entered into any contractual relation with the
5 manufacturer.
6 (c) Manufacturer not guarantor.--In any action brought on
7 the theory of strict liability as set forth in subsection (a),
8 the trier of fact shall not be instructed that the manufacturer
9 is the guarantor of the safety of the product.
10 § 8365. Permissible theories for product liability actions.
11 (a) General rule.--Product liability actions shall be
12 brought only upon the theories of:
13 (1) Negligence.
14 (2) Breach of contract, including breach of warranty,
15 express or implied.
16 (3) Breach of, or failure to discharge, a duty to warn
17 or instruct, whether deliberate or negligent.
18 (4) Misrepresentation, concealment or nondisclosure,
19 whether fraudulent or negligent.
20 (5) In the case of a manufacturer, strict liability in
21 tort as defined in this subchapter, except as set forth in
22 section 8369 (relating to failure to specify, instruct or
23 warn).
24 (b) Action against seller.--No product liability action
25 based on the theory of strict liability in tort shall be
26 commenced or maintained against any seller of a product who is
27 not otherwise a manufacturer. This subsection shall not prevent
28 an action based upon any of the other theories of liability
29 listed in subsection (a) from being brought against a seller.
30 § 8366. Defense for product modification, alteration or
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1 deterioration.
2 (a) General rule.--A defendant shall not be liable for that
3 portion of injury or damage WHICH THE DEFENDANT PROVES BY A <--
4 PREPONDERANCE OF THE EVIDENCE WAS caused by an alteration or
5 modification that would not have occurred but for the fact that
6 the product was altered or modified by a person other than the
7 defendant, unless the plaintiff THEN proves by a preponderance <--
8 of the evidence that:
9 (1) the alteration or modification was in accordance
10 with the defendant's instructions or specifications;
11 (2) the alteration or modification was made with the
12 express consent of the defendant; or
13 (3) the alteration or modification was the result of
14 conduct that reasonably should have been anticipated by the
15 defendant.
16 (b) Definition.--For purposes of this section, "alteration
17 or modification" includes, but is not limited to, changes in the
18 design, formula or function of the product from that originally
19 designed, tested or intended by the defendant, or changes in or
20 removal of any safety feature or deterioration arising from
21 unreasonable failure to observe routine care and maintenance.
22 § 8367. Product misuse by persons other than defendant.
23 (a) General rule.--A defendant shall not be liable for that
24 portion of injury or damage caused by the misuse of a product by
25 a person or persons other than such defendant.
26 (b) Definition.--For the purposes of subsection (a), misuse
27 shall include, in addition to uses deemed to constitute misuse
28 under the law of this Commonwealth:
29 (1) Uses contrary to adequate recommendations,
30 specifications, instruction or warnings accompanying the
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1 product or otherwise provided by the defendant, unless the
2 defendant knows, or is aware of facts from which a reasonable
3 person would infer, that there exist identifiable hazards
4 associated with a substantial pattern of use contrary to such
5 recommendations, specifications, instructions or warnings,
6 and fails, or has failed, to take reasonable precautions
7 against such hazards.
8 (2) Uses other than those for which persons of ordinary
9 skill and judgment (or in the case of prescription products,
10 practitioners of appropriate medical skill and judgment)
11 would normally and reasonably expect the product to be
12 suitable.
13 (3) Uses contrary to applicable rules, regulations or <--
14 orders issued by a Federal or State agency.
15 § 8368. Liability for product design or formula.
16 (a) Liability limited.--In any product liability action
17 based upon injury or damage alleged to have resulted from a
18 defective design or formula, the manufacturer responsible for
19 the design or formula of the product shall not be liable unless
20 the plaintiff proves by a preponderance of the evidence that the
21 utilization of an alternative design or formula was known or
22 should have been known and was readily available to the
23 manufacturer at the time the product was manufactured and that
24 such utilization would have prevented the injury or damage or
25 resulted in less severe injury or damage.
26 (b) Considerations in determination.--In determining in
27 accordance with subsection (a) whether the product was defective
28 in design or formula, the trier of fact shall decide whether an
29 alternative design or formula should have been utilized or the
30 product should have been withheld from the market after
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1 considering all relevant facts in evidence, including, but not
2 limited to, the following:
3 (1) The probability at the time of manufacture that the
4 product would cause the harm suffered by the user or
5 consumer.
6 (2) The seriousness of that harm.
7 (3) The technological feasibility of manufacturing the
8 product in accordance with the alternative design or formula.
9 (4) The relative costs of producing, distributing and
10 selling such an alternative design or formula.
11 (5) The new or additional or increased risk of injury or
12 damage that may result from such an alternative design or
13 formula.
14 (c) Safety or protective devices.--In any product liability
15 action in which a defect in the formulation or design of a
16 product is alleged, the manufacturer shall not be liable for
17 that portion of the injury or damage which could have been
18 avoided by attachment to, inclusion in, or use with the product
19 of a safety or protective device or substance, if the defendant
20 proves by a preponderance of the evidence that
21 (1) the attachment, inclusion or use of such safety or <--
22 protective device or substance would have been inappropriate
23 to or incompatible with a function or manner of use to which
24 the product reasonably was suited. or <--
25 (2) such safety or protective device or substance was <--
26 offered or recommended by the manufacturer for purchase or
27 use by the user or consumer who was injured or damaged, or by
28 such person's employer, and such person or person's employer
29 did not purchase or use such additional safety or protective
30 device or substance.
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1 § 8369. Failure to specify, instruct or warn.
2 (a) Liability limited.--In any product liability action
3 based upon an alleged failure to provide adequate
4 specifications, instructions or warnings, the manufacturer or
5 any other defendant shall not be held liable for failure to
6 specify, instruct or warn, except upon the theory of negligence <--
7 UPON THE THEORY OF STRICT LIABILITY IN TORT. <--
8 (b) Considerations in determination.--In determining whether
9 THE DEFENDANT WAS NEGLIGENT IN FAILING TO PROVIDE adequate <--
10 specifications, instructions or warnings were provided, the <--
11 trier of fact shall consider the following:
12 (1) The probability at the time of manufacture or sale
13 that the product would cause the injury or damage suffered by
14 the user or consumer.
15 (2) The seriousness of that injury or damage.
16 (3) The defendant's ability, at the time of manufacture
17 or sale, reasonably to anticipate that the expected product
18 user or consumer would be aware of the product's risks and
19 the nature of the potential injury or damage.
20 (4) The technological feasibility and cost of providing
21 specifications, warnings or instructions.
22 (c) Burden of proof.--In a product liability action based
23 upon a claimed NEGLIGENT failure to provide adequate <--
24 specifications, instructions or warnings, the plaintiff shall be
25 required to prove by a preponderance of the evidence that the
26 failure to provide adequate specifications, warnings or
27 instructions was the proximate cause of the injury or damage.
28 § 8370. Mandatory government contract specifications.
29 (a) Noncompliance.--When the injury-causing aspect of the
30 product was not, at the time of manufacture, in compliance with
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1 a mandatory government contract specification under which such
2 product was manufactured, the product shall be deemed defective
3 in accordance with section 8364(a)(1) (relating to strict
4 liability in tort).
5 (b) Defense.--When the injury-causing aspect of the product
6 was, at the time of manufacture, in compliance with a mandatory
7 government contract specification, UNDER WHICH SUCH PRODUCT WAS <--
8 MANUFACTURED this shall be a defense and the product shall be
9 deemed not defective.
10 § 8371. State of the art.
11 In any product liability action, a presumption shall be
12 created that the product was not defective nor the defendant
13 negligent if the defendant proves by a preponderance of the
14 evidence that the product conformed with generally recognized <--
15 and prevailing standards, THE STATE OF THE ART FOR THE, designs <--
16 or methods of testing or manufacturing of the state of the art <--
17 PRODUCT. For the purposes of this section "state of the art" <--
18 means the safety, technical, mechanical and scientific knowledge
19 in existence and reasonably feasible for use at the time of the
20 manufacture of the product.
21 § 8372. Inadmissibility of evidence of improvements.
22 In any product liability action, evidence of advancements or
23 changes in technical knowledge or techniques, in design, theory
24 or philosophy, or in manufacturing or testing techniques or of
25 any alteration, modification, improvement or change in or
26 discontinuance of the manufacture, construction, design,
27 formula, installation, preparation, assembly, testing,
28 marketing, packaging, labeling or sale of a product, whether
29 made by the defendant or any other party, which have been made,
30 learned or placed into common use subsequent to the time the
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1 person who is primarily responsible for manufacturing the final
2 product allegedly causing injury, death or damage parted with
3 its possession and control, or sold it, whichever occurred last,
4 shall not be admissible for any purpose: Provided, however, That
5 this section does not require the exclusion of evidence of
6 subsequent advancements, alterations, modifications,
7 improvements or changes when offered for the purpose of
8 contradicting a witness or of impeaching relevant testimony.
9 § 8373. Evidence of collateral benefits.
10 (a) General rule.--In any product liability action in which
11 compensatory damages are sought, the defendant shall be entitled
12 to the admission of evidence as to the nature and extent of any
13 public collateral benefits or services received or to be
14 received by the plaintiff. If shall be admissible for the
15 plaintiff to show that such collateral benefits or services
16 received or to be received are subrogatable.
17 (b) Definition.--As used in this section "public collateral
18 benefits or services" mean those benefits or services that an
19 individual receives or is entitled to receive from social
20 security (except those benefits provided under Title XIX of the
21 Federal Social Security Act and except those medicare benefits
22 to which a person's entitlement depends upon use of his so-
23 called "lifetime reserve" of benefit days), workmen's
24 compensation, any State required temporary nonoccupational
25 disability and all other benefits (except the proceeds of life
26 insurance and except benefit programs not statutorily mandated)
27 received by or recoverable by an individual from any government
28 because of the injury.
29 § 8374. Punitive and exemplary damages.
30 (a) General rule.--In any product liability action, no
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1 punitive or exemplary damages shall be awarded except upon a
2 finding by the trier of fact that the defendant acted with a bad
3 motive or with reckless indifference to the health and safety of
4 the users or consumers.
5 (b) Evidence.--Punitive or exemplary damages shall be
6 awardable only if the plaintiff establishes all the elements of
7 the cause of action for punitive or exemplary damages by clear
8 and convincing evidence.
9 (c) Damages stated separately.--The trier of fact shall
10 separately state the amount of punitive or exemplary damages
11 awarded.
12 § 8375. Comparative responsibility in product liability
13 actions.
14 (a) General rule.--In any product liability action the
15 responsibility of the person suffering the injury or damage, as
16 well as the responsibility of all others for causing the injury
17 or damage, shall be compared by the trier of fact. The
18 responsibility of the person suffering the harm shall not bar
19 recovery for the injury or damage sustained where it was not
20 greater than the total responsibility of all parties against
21 whom recovery is sought. However, any damages allowed shall be
22 diminished in proportion to the amount of responsibility
23 attributable to the person recovering.
24 (b) Allocating damages and responsibility for each party.--
25 The court may, and when requested by any party shall, direct the
26 jury to find separate special verdicts determining the total
27 dollar amount of damages and the percentages of responsibility
28 attributable to each party. The court shall then reduce the
29 amount of such damages in proportion to the amount of
30 responsibility attributable to the person recovering.
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1 (c) Proportional liability of multiple defendants.--Where <--
2 the recovery is allowed against more than one defendant, each
3 defendant shall be liable only for that proportion of the total
4 dollar amount awarded as damages in the ratio of his
5 responsibility to the amount of responsibility attributed to all
6 defendants against whom recovery is allowed. Upon a motion made
7 not later than one year after judgment is entered on a verdict
8 rendered pursuant to subsection (b) of this section, the court
9 shall determine whether all or part of a judgment debtor's share
10 of the dollar amount awarded as damages is uncollectible from
11 that debtor, and shall reallocate the share of liability of the
12 judgment debtor determined to be uncollectible among all other
13 judgment debtors in the proportion that each remaining debtor's
14 established percentage of responsibility bears to the
15 uncollected share. A debtor whose liability is thus reallocated
16 remains subject to contribution to the other judgment debtors
17 for its undischarged liability to the judgment creditor.
18 (C) PROPORTIONAL LIABILITY OF MULTIPLE DEFENDANTS.--WHERE <--
19 THE RECOVERY IS ALLOWED AGAINST MORE THAN ONE DEFENDANT, EACH
20 DEFENDANT SHALL BE LIABLE FOR THE PROPORTION OF THE TOTAL DOLLAR
21 AMOUNT AWARDED AS DAMAGES IN THE RATIO OF HIS RESPONSIBILITY TO
22 THE AMOUNT OF RESPONSIBILITY ATTRIBUTED TO ALL DEFENDANTS
23 AGAINST WHOM RECOVERY IS ALLOWED. THE PLAINTIFF MAY RECOVER THE
24 FULL AMOUNT OF THE ALLOWED RECOVERY FROM ANY DEFENDANT AGAINST
25 WHOM SUCH PLAINTIFF IS NOT BARRED FROM RECOVERY. ANY DEFENDANT
26 WHO IS SO COMPELLED TO PAY MORE THAN HIS PERCENTAGE SHARE MAY
27 SEEK CONTRIBUTION.
28 (d) Responsibility defined.--As used in this section
29 "responsibility" means conduct which was a substantial factor in
30 bringing about the harm for which damages are sought.
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1 Section 3. All acts or parts of acts which are inconsistent
2 with the provisions of this act are repealed to the extent of
3 the inconsistency.
4 Section 4. (a) Every insurer writing product liability
5 insurance in this State shall, on or before May 1 of each year,
6 report the following information to the Commissioner of
7 Insurance:
8 (1) All states in which the reporting insurer is writing
9 product liability insurance.
10 (2) The following information, by state and territory of
11 the United States, relative to product liability policies
12 written by the insurer:
13 (i) Direct premiums written.
14 (ii) Direct premiums earned.
15 (iii) Dividends paid or credited to policyholders on
16 direct business.
17 (iv) Direct losses paid less salvage.
18 (v) Direct losses incurred.
19 (vi) Direct losses unpaid.
20 (3) The following information relative to the company's
21 overall product liability insurance line:
22 (i) Premiums earned during the year.
23 (ii) Total premiums in force as of the end of the
24 year.
25 (iii) Reinsurance in force in authorized and
26 unauthorized companies.
27 (iv) Net premiums in force as of the end of the
28 year.
29 (v) Total reserves for unearned premiums.
30 (vi) Premiums written, including premiums on direct
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1 business, reinsurance assumed, reinsurance ceded, and net
2 premiums written.
3 (4) The following information relative to the insurer's
4 losses and expenses on product liability insurance written:
5 (i) Net losses incurred during the current year and
6 the ratio of those losses to premiums earned.
7 (ii) Net losses unpaid excluding losses adjustment
8 expenses.
9 (iii) Unpaid loss adjustment expenses.
10 (5) The following information relative to premiums,
11 losses, expenses and net income and ratios to earned
12 premiums:
13 (i) Total expenses incurred, including loss
14 adjustment, commission and brokerage, other acquisition,
15 field supervision and collection, general expenses and
16 taxes, licenses and fees.
17 (ii) Net investment gain or loss and other income.
18 (iii) Net income before Federal and foreign income
19 taxes.
20 (6) The following information as to product liability
21 premiums, loss payments, loss expenses, and number of claims:
22 (i) Premiums earned.
23 (ii) Loss payments.
24 (iii) Allocated loss expense payments.
25 (iv) Unallocated loss expense payments.
26 (v) Number of claims outstanding.
27 (vi) Losses unpaid.
28 (vii) Loss expense unpaid.
29 (viii) Total losses and loss expenses incurred.
30 (ix) Ratio of total losses and loss expense incurred
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1 to premiums earned.
2 (7) Total amounts for product liability incurred, and
3 losses and loss expenses as of the end of the calendar year
4 beginning with 1980.
5 (8) Incurred loss and loss expense ratio for each year
6 beginning in 1980.
7 (b) The information required by subsection (a) shall include
8 the product liability portion of any insurance policy for which
9 the premiums for product liability coverage are separately
10 determined and all indivisible premium policies for which at
11 least one-half of the premium is for product liability coverage.
12 (c) The commissioner shall prescribe the manner and form of
13 reporting the information required by this section which may
14 include the adoption of any reporting system approved by the
15 National Association of Insurance Commissioners if such
16 reporting system substantially fulfills the reporting
17 requirements of this section; provided that the commissioner may
18 prescribe by regulation the reporting of such other pertinent
19 data as the commissioner deems necessary.
20 (d) The commissioner, within 90 days after the deadline for
21 depositing the reports in his office, shall present to the
22 General Assembly a summary of the report.
23 Section 5. This act shall take effect in 60 days and shall
24 apply to all actions accruing after the effective date of this
25 act.
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