PRINTER'S NO. 1388
No. 1182 Session of 2005
INTRODUCED BY DENLINGER, ARMSTRONG, BALDWIN, BARRAR, BASTIAN, BENNINGHOFF, BOYD, CAPPELLI, CAUSER, CLYMER, CRAHALLA, CREIGHTON, ELLIS, FAIRCHILD, FLEAGLE, FORCIER, GABIG, GINGRICH, GODSHALL, HARRIS, HERSHEY, HICKERNELL, KAUFFMAN, KILLION, LEDERER, LEH, MAHER, MARSICO, McGILL, McILHATTAN, S. MILLER, MUSTIO, NICKOL, PAYNE, PETRI, PICKETT, PISTELLA, REED, REICHLEY, ROHRER, ROSS, RUBLEY, SATHER, SCHRODER, STEIL, STERN, T. STEVENSON, TRUE, TURZAI AND WILT, MARCH 29, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 29, 2005
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, providing for a statute 3 of repose. 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 § 5539. Statute of repose. 9 (a) General rule.--Except as provided in subsection (b), a 10 civil action or proceeding brought against any person, 11 partnership or corporation to recover damages for death, for 12 injury to persons or property or for economic loss allegedly 13 resulting from a defective product must be commenced within 15 14 years of any of the following: 15 (1) The date of delivery of the product to the first
1 purchaser or lessee who is not engaged in the business of 2 selling or leasing the product. 3 (2) The date of completion of the replacement or 4 addition of a new component, system, subassembly or other 5 part which was added to the product and which is alleged to 6 have caused death, injury to persons or property or economic 7 loss. 8 (b) Exception.--Subsection (a) does not apply to any of the 9 following: 10 (1) An action brought under a written warranty which 11 would be enforceable under law but for the operation of this 12 section. 13 (2) An action against a manufacturer, seller or 14 distributor of the product or the manufacturer, seller or 15 distributor of any new component, system, subassembly or 16 other part of the product alleging a physical illness the 17 evidence of which did not appear in less than 15 years after 18 the first exposure to the product. 19 (c) Applicability.--This section shall apply to any claim or 20 action brought by a plaintiff for harm caused by a product, 21 irrespective of the theory underlying the claim, other than an 22 action for harm caused by breach of an express warranty. 23 (d) Limitation.--If an injury or wrongful death shall occur 24 more than 13 years and within 15 years after delivery of the 25 product as described in subsection (a)(1), or the date of 26 completion of the replacement or addition of a new component as 27 described in subsection (a)(2), a civil action or proceeding 28 within the scope of subsection (a) may be commenced with the 29 time otherwise limited by this subchapter, but not later than 17 30 years after the events described in subsection (a)(1) and (2). 20050H1182B1388 - 2 -
1 Section 2. This act shall apply to all actions filed after 2 the effective date of this act. 3 Section 3. This act shall take effect immediately. C23L42RLE/20050H1182B1388 - 3 -