PRINTER'S NO. 1174
No. 967 Session of 2007
INTRODUCED BY BAKER, CORMAN, ARMSTRONG, FOLMER, MADIGAN, REGOLA,
M. WHITE, WONDERLING AND EARLL, JUNE 14, 2007
REFERRED TO JUDICIARY, JUNE 14, 2007
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for a statute
3 of repose.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 5539. Statute of repose in product liability actions.
9 (a) General rule.--Except as provided in subsection (b), a
10 civil action or proceeding brought against any person or
11 business entity to recover damages for death, for injury to
12 persons or property or for economic loss allegedly resulting
13 from a defective product must be commenced within 15 years of
14 any of the following:
15 (1) The date of delivery of the product to the first
16 purchaser or lessee who is not engaged in the business of
17 selling or leasing the product.
18 (2) The date of completion of the replacement or
1 addition of a new component, system, subassembly or other
2 part which was added to the product and which is alleged to
3 have caused death, injury to persons or property, or economic
4 loss.
5 (b) Exception.--Subsection (a) does not apply to any of the
6 following:
7 (1) An action brought under a written warranty which
8 would be enforceable under law but for the operation of this
9 section.
10 (2) An action against a manufacturer, seller or
11 distributor of the product or the manufacturer, seller or
12 distributor of any new component, system, subassembly or
13 other part of the product alleging a physical illness the
14 evidence of which did not appear within 15 years of the first
15 exposure to the product.
16 (c) Applicability.--This section shall apply to any claim or
17 action brought by a plaintiff for harm caused by a product,
18 irrespective of the theory underlying the claim, other than an
19 action for harm caused by breach of an express warranty.
20 (d) Limitation.--If an injury or wrongful death shall occur
21 more than 13 years and within 15 years after delivery of the
22 product as described in subsection (a)(1) or the date of
23 completion of the replacement or addition of a new component as
24 described in subsection (a)(2), a civil action or proceeding
25 within the scope of subsection (a) may be commenced within the
26 time otherwise limited by this subchapter, but not later than 17
27 years after the events described in subsection (a)(1) and (2).
28 Section 2. This act shall apply to all actions filed after
29 the effective date of this act.
30 Section 3. This act shall take effect immediately.
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