AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in particular rights and
3immunities, providing for liability rules applicable to
4product sellers.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Title 42 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 8320.1. Liability rules applicable to product sellers.

10(a) General rule.--In a product liability action, a product
11seller other than a manufacturer shall not be liable for damages
12resulting in death, injury to person or property or economic
13loss unless the plaintiff establishes at least one of the
14following:

15(1) (i) The product which allegedly caused the harm
16complained of by the plaintiff was sold by the product
17seller, the product seller failed to exercise reasonable
18care with respect to the product before placing the
19product in the stream of commerce and the failure to

1exercise reasonable care was a proximate cause of the
2harm complained of by the plaintiff.

3(ii) For purposes of this paragraph, a product
4seller shall not be considered to have failed to exercise
5reasonable care with respect to the product based upon an
6alleged failure to inspect a product where there was no
7reasonable opportunity to inspect the product in a manner
8which, in the exercise of reasonable care, would have
9revealed the aspect of the product which allegedly caused
10the harm complained of by the plaintiff.

11(2) The product seller made an express warranty
12applicable to the product which allegedly caused the harm
13complained of by the plaintiff independent of an express
14warranty made by a manufacturer as to the same product, the
15product failed to conform to the seller's express warranty
16and the failure of the product to conform to the seller's
17express warranty caused the harm complained of by the
18plaintiff.

19(3) The product seller, before placing the product in
20the stream of commerce, exercised significant control over
21the design, manufacture, packaging or labeling of the product
22related to the alleged defect in the product which caused the
23harm complained of by the plaintiff.

24(4) The product seller, before placing the product in
25the stream of commerce, knew or reasonably should have known
26of the defect in the product which caused the harm complained
27of by the plaintiff or the product seller was in possession
28of facts from which a reasonable person would conclude that
29the product seller had or should have had knowledge of the
30alleged defect in the product which caused the harm

1complained of by the plaintiff.

2(5) The product seller engaged in intentional wrongdoing
3which was a proximate cause of the harm complained of by the
4plaintiff.

5(6) The product seller, before placing the product in
6the stream of commerce, held itself out as the manufacturer
7to the user of the product, in which case the product seller
8shall be liable as though the product seller were the
9manufacturer of the product.

10(b) Rental and leases.--Notwithstanding any other provision
11of law, a product seller who is engaged in the business of
12renting or leasing a product shall be subject to liability
13pursuant to subsection (a) but shall not be liable to a
14plaintiff for the tortious act of another solely by reason of
15ownership of the product.

16(c) Certification of manufacturer identity.--

17(1) In a product liability action against a product
18seller, the product seller may file an affidavit certifying
19the correct identity of the manufacturer of the product which
20allegedly caused the injury, death or damage.

21(2) The product seller shall exercise due diligence in
22providing the plaintiff with the correct identity of the
23manufacturer.

24(d) Definitions.--As used in this section, the following
25words and phrases shall have the meanings given to them in this
26subsection:

27"Manufacturer." A person who:

28(1) Produced, created, made or constructed the product
29or component part of the product.

30(2) Designed or formulated the product or component part

1of the product or engaged another person to design or
2formulate the product or component part of the product.

3"Product seller." A person who, in the course of a business 
4conducted for that purpose, sells, distributes, rents, leases, 
5prepares, packages, labels or otherwise is involved in placing a 
6product in the stream of commerce.

7Section 2. This act shall apply to all actions instituted on
8or after the effective date of this section.

9Section 3. This act shall take effect in 60 days.