legislation: 98-s-44
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| 98-s-44 | 98 | s | 44 | Product Liability Act | Commerce | 1983-01-26 | 1984-09-12 | Placed on Senate Legislative Calendar under General Orders. Calendar No. 1168. | Senate | Sen. Kasten, Robert W., Jr. [R-WI] | WI | R | K000019 | 26 | (Reported to Senate from the Committee on Commerce, Science, and Transportation with amendment, S. Rept. 98-476) Product Liability Act - Preempts State product liability laws. States that this Act governs any civil action for harm caused by a product which would have been based on: (1) strict or absolute liability in tort; (2) negligence or gross negligence; (3) breach of express or implied warranty; (4) failure to discharge a duty to warn or instruct; or (5) any other theory that is the basis for an award for damages for loss or damage caused by a product. Makes a manufacturer liable if the claimant establishes by a preponderance of the evidence that a product was unreasonably dangerous: (1) in construction or design; (2) because the manufacturer failed to provide adequate warnings of danger; or (3) because the product did not conform to an express warranty. Specifies the requisite findings which must be made for such proof of unreasonable danger to be determined. Subjects a product seller to liability if the claimant proves by a preponderance of the evidence that the claimant's harm was proximately caused by such seller's failure to use reasonable care with respect to the product. Enumerates circumstances under which such a seller is also subject to the liability of a manufacturer. Provides that all claims under this Act shall be governed by the principles of comparative responsibility. Sets forth rules with respect to conduct affecting comparative responsibility, including misuse, alteration or modification of a product. Specifies the manner in which damages are to be apportioned. Requires that damages in any product liability claim be reduced by an amount paid as workers' compensation benefits. Precribes a statute of limitations for recovery. Directs the Judicial Conference of the United States to establish a Product Liability Review Panel to conduct an ongoing review of the adequacy of legal remedies available to persons injured by products and to report its findings and recommendations to Congress. Requires the panel to conduct a study to determine the feasibility or availability, or both, or providing compensation without regard to fault to claimants for any loss or damage caused by a product. Authorizes appropriations for FY 1985. Declares that it is the intent of Congress that, in other than exceptional cases, the Supreme Court shall not review issues relating solely to the sufficiency of the evidence in cases arising under this Act which have been finally decided by the highest court of any State. | 2025-04-21T12:24:17Z | https://www.congress.gov/bill/98th-congress/senate-bill/44 |