PRINTER'S NO. 3048
No. 1940 Session of 2008
INTRODUCED BY GRELL, BENNINGHOFF, BOYD, CAPPELLI, CLYMER,
CUTLER, DENLINGER, EVERETT, FLECK, GINGRICH, GOODMAN, HELM,
HERSHEY, HUTCHINSON, KAUFFMAN, M. KELLER, MARSHALL, METCALFE,
MOYER, MURT, MUSTIO, NAILOR, REED, REICHLEY, ROAE, SONNEY,
STERN, TURZAI AND WATSON, JANUARY 3, 2008
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 3, 2008
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for
3 certificates of merit in product liability actions.
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. Product liability action.
9 (a) General rule.--
10 (1) No cause of action asserting a product liability
11 claim may be filed with the court to seek recovery for pain
12 or suffering or other noneconomic damages unless a
13 certificate of merit is included as provided under subsection
14 (b).
15 (2) This subsection shall not be construed to preclude
16 recovery for all medical and other out-of-pocket expenses.
17 (b) Certificate of merit.--
1 (1) In filing a product liability action with the court
2 as provided for under subsection (a), the plaintiff must
3 include with the complaint a certificate of merit containing
4 an expert opinion from a licensed professional that:
5 (i) there exists a reasonable probability that the
6 product in question is defective; and
7 (ii) the defective state, quality or condition was a
8 cause in bringing about harm to the plaintiff.
9 (2) No person shall be competent to offer an expert
10 opinion in a product liability action unless that person
11 possesses sufficient education, training, knowledge and
12 experience to provide credible, competent testimony.
13 Section 2. This act shall take effect in 60 days.
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