PRINTER'S NO. 218
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
258
Session of
2017
INTRODUCED BY KAUFFMAN, IRVIN, SAYLOR, MOUL, MILLARD, HELM,
CUTLER AND B. MILLER, JANUARY 31, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
providing for a statute of repose.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 5539. Statute of repose.
(a) General rule.--Except as provided in subsection (b), a
civil action or proceeding brought against a person, partnership
or corporation to recover damages for death, injury to persons
or property or economic loss allegedly resulting from a
defective product must be commenced within 15 years of any of
the following:
(1) The date of delivery of the product to the first
purchaser or lessee who is not engaged in the business of
selling or leasing the product.
(2) The date of completion of the replacement or
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addition of a new component, system, subassembly or other
part that was added to the product and is alleged to have
caused death, injury to persons or property or economic loss.
(b) Exception.--Subsection (a) does not apply to any of the
following:
(1) An action brought under a written warranty that
would be enforceable under law but for the operation of this
section.
(2) An action against a manufacturer, seller or
distributor of the product or the manufacturer, seller or
distributor of any new component, system, subassembly or
other part of the product alleging a physical illness the
evidence of which did not appear in less than 15 years after
the first exposure to the product.
(c) Applicability.--This section shall apply to any claim or
action brought by a plaintiff for harm caused by a product,
irrespective of the theory underlying the claim, other than an
action for harm caused by breach of an express warranty.
(d) Limitation.--If an injury or wrongful death shall occur
more than 13 years and within 15 years after delivery of the
product as described in subsection (a)(1), or the date of
completion of the replacement or addition of a new component as
described in subsection (a)(2), a civil action or proceeding
within the scope of subsection (a) may be commenced with the
time otherwise limited by this subchapter, but not later than 17
years after the events described in subsection (a)(1) and (2).
Section 2. This act shall apply to all actions filed after
the effective date of this act.
Section 3. This act shall take effect immediately.
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