1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, providing for a statute
3of repose.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 42 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 5539. Statute of repose.

9(a) General rule.--Except as provided in subsection (b), a
10civil action or proceeding brought against a person, partnership
11or corporation to recover damages for death, for injury to
12persons or property or for economic loss allegedly resulting
13from a defective product must be commenced within 15 years of
14any of the following:

15(1) The date of delivery of the product to the first
16purchaser or lessee who is not engaged in the business of

1selling or leasing the product.

2(2) The date of completion of the replacement or
3addition of a new component, system, subassembly or other
4part that was added to the product and is alleged to have
5caused death, injury to persons or property or economic loss.

6(b) Exception.--Subsection (a) does not apply to any of the
7following:

8(1) An action brought under a written warranty that
9would be enforceable under law but for the operation of this
10section.

11(2) An action against a manufacturer, seller or
12distributor of the product or the manufacturer, seller or
13distributor of any new component, system, subassembly or
14other part of the product alleging a physical illness the
15evidence of which did not appear in less than 15 years after
16the first exposure to the product.

17(c) Applicability.--This section shall apply to any claim or
18action brought by a plaintiff for harm caused by a product,
19irrespective of the theory underlying the claim, other than an
20action for harm caused by breach of an express warranty.

21(d) Limitation.--If an injury or wrongful death shall occur
22more than 13 years and within 15 years after delivery of the
23product as described in subsection (a)(1), or the date of
24completion of the replacement or addition of a new component as
25described in subsection (a)(2), a civil action or proceeding
26within the scope of subsection (a) may be commenced with the
27time otherwise limited by this subchapter, but not later than 17
28years after the events described in subsection (a)(1) and (2).

29Section 2. This act shall apply to all actions filed after
30the effective date of this act.

1Section 3. This act shall take effect immediately.