PRINTER'S NO. 826
No. 735 Session of 2005
INTRODUCED BY BOYD, TURZAI, METCALFE, CREIGHTON, YOUNGBLOOD, NAILOR, HENNESSEY, FAIRCHILD, GODSHALL, HERSHEY, S. MILLER, SCAVELLO, MUSTIO, E. Z. TAYLOR, CAPPELLI, TRUE, SCHRODER, GINGRICH, KILLION, LEH, R. MILLER, ROHRER, HARRIS, HUTCHINSON, CRAHALLA, PICKETT, CLYMER, BALDWIN, HICKERNELL, REICHLEY, O'NEILL, SAYLOR AND KAUFFMAN, MARCH 1, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 1, 2005
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, providing for liability 3 rules applicable to product sellers. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Title 42 of the Pennsylvania Consolidated 7 Statutes is amended by adding a section to read: 8 § 7104. Liability rules applicable to product sellers. 9 (a) General rule.--In a product liability action, a product 10 seller other than a manufacturer shall not be liable for damages 11 resulting in death, injury to person or property or economic 12 loss unless the plaintiff establishes at least one of the 13 following: 14 (1) The product which allegedly caused the harm 15 complained of by the plaintiff was sold by the product 16 seller, the product seller failed to exercise reasonable care
1 with respect to the product before placing the product in the 2 stream of commerce and the failure to exercise reasonable 3 care was a proximate cause of the harm complained of by the 4 plaintiff. For purposes of this paragraph, a product seller 5 shall not be considered to have failed to exercise reasonable 6 care with respect to the product based upon an alleged 7 failure to inspect a product where there was no reasonable 8 opportunity to inspect the product in a manner which, in the 9 exercise of reasonable care, would have revealed the aspect 10 of the product which allegedly caused the harm complained of 11 by the plaintiff. 12 (2) The product seller made an express warranty 13 applicable to the product which allegedly caused the harm 14 complained of by the plaintiff independent of an express 15 warranty made by a manufacturer as to the same product, the 16 product failed to conform to the seller's express warranty 17 and the failure of the product to conform to the seller's 18 express warranty caused the harm complained of by the 19 plaintiff. 20 (3) The product seller, before placing the product in 21 the stream of commerce, exercised significant control over 22 the design, manufacture, packaging or labeling of the product 23 related to the alleged defect in the product which caused the 24 harm complained of by the plaintiff. 25 (4) The product seller, before placing the product in 26 the stream of commerce, knew or reasonably should have known 27 of the defect in the product which caused the harm complained 28 of by the plaintiff or the product seller was in possession 29 of facts from which a reasonable person would conclude that 30 the product seller had or should have had knowledge of the 20050H0735B0826 - 2 -
1 alleged defect in the product which caused the harm 2 complained of by the plaintiff. 3 (5) The product seller engaged in intentional wrongdoing 4 which was a proximate cause of the harm complained of by the 5 plaintiff. 6 (6) The product seller, before placing the product in 7 the stream of commerce, held itself out as the manufacturer 8 to the user of the product, in which case the product seller 9 shall be liable as though the product seller were the 10 manufacturer of the product. 11 (b) Rental and leases.--Notwithstanding any other provision 12 of law, a product seller who is engaged in the business of 13 renting or leasing a product shall be subject to liability 14 pursuant to subsection (a), but shall not be liable to a 15 plaintiff for the tortious act of another solely by reason of 16 ownership of the product. 17 (c) Certification of manufacturer identity.-- 18 (1) In a product liability action against a product 19 seller, the product seller may file an affidavit certifying 20 the correct identity of the manufacturer of the product which 21 allegedly caused the injury, death or damage. 22 (2) The product seller shall exercise due diligence in 23 providing the plaintiff with the correct identity of the 24 manufacturer. 25 (d) Definitions.--As used in this section, the following 26 words and phrases shall have the meanings given to them in this 27 subsection: 28 "Manufacturer." A person who: 29 (1) Produced, created, made or constructed the product 30 or component part of the product. 20050H0735B0826 - 3 -
1 (2) Designed or formulated the product or component part 2 of the product or engaged another person to design or 3 formulate the product or component part of the product. 4 "Product seller." A person who, in the course of a business 5 conducted for that purpose, sells, distributes, rents, leases, 6 prepares, packages, labels or otherwise is involved in placing a 7 product in the stream of commerce. 8 Section 2. This act shall apply to all actions instituted on 9 or after the effective date of this act. 10 Section 3. This act shall take effect in 60 days. A20L42JS/20050H0735B0826 - 4 -