Sunday, May 08, 2005

HB 735: Manufacturer Exemption from Product Liaiblity / Product Renter Exemption from Tort

H.B. 735, P.N. 826 (BOYD) This would amend Title 42 (Judiciary and Judicial Procedure).
This would exempt a manufacturer from liability in a product liability action for damages if the manufacturer can establish that the seller of the product failed to exercise reasonable care and that this failure was a proximate cause to the harm caused; or, that the seller made an express warranty and the product failed to conform to this warranty when causing the harm; or, that the seller exercised significant control over the product which created the alleged defect that caused the harm; or, that the seller knew or reasonably should have known of the defect that caused the harm; or, that the seller engaged in intentional wrongdoing that was a proximate cause of the harm; or, that the seller claimed to the purchaser that the seller was the manufacturer.
This would exempt a product seller, who rents or leases a product, from a tortuous act of another.


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