1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in limitation of time,
3providing for a statute of repose in product liability
4actions.

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§ 5539. Statute of repose in product liability actions.

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

16(1) The date of delivery of the product to the first
17purchaser or lessee who is not engaged in the business of
18selling or leasing the product.

19(2) The date of completion of the replacement or

1addition of a new component, system, subassembly or other
2part which was added to the product and which is alleged to
3have caused death, injury to persons or property or economic
4loss.

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

7(1) An action brought under a written warranty which
8would be enforceable under law but for the operation of this
9section.

10(2) An action against a manufacturer, seller or
11distributor of the product or the manufacturer, seller or
12distributor of any new component, system, subassembly or
13other part of the product alleging a physical illness the
14evidence of which did not appear within 15 years of the first
15exposure to the product.

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

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

28Section 2. This act shall apply to all actions filed after
29the effective date of this section.

30Section 3. This act shall take effect immediately.