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Product liability reform bills introduced in state Senate

Protection for innocent sellers among biz community‘s reform goals

Commonsense product liability reforms supported by PA Chamber members have received legislative backing following the formal introduction in the state Senate of bills that would provide reasonable protections for innocent sellers of products (S.B. 383) and establish reasonable time frames in which product liability suits could be brought (S.B. 384).

The bills were introduced by Sen. Lisa Baker, R-Luzerne/Monroe/Pike/Susquehanna/Wayne/Wyoming.

Senate Bill 383 would ensure that retailers who do not alter a product would not be liable if a product is defective. This improvement is necessary because sellers, who are not manufacturers, are frequently sued even though all they did was sell a product later claimed to have been defective. This is unfair and the costs of litigation are passed on to consumers in the form of higher prices.

Senate Bill 384 would establish a 15-year time limit (statute of repose) for liability actions involving most products. Specifically exempted are actions alleging a physical illness the evidence of which did not appear in less than 15 years after the first exposure to the product (i.e. tobacco or asbestos). Too many product liability suits are brought many years after a product was manufactured and worked without incident. This leads to unfairness, difficulties in defense and higher insurance costs.

Both bills were referred to the Senate Judiciary Committee for consideration.

These bills are among the many lawsuit abuse reforms supported by the business and health-care communities in an effort to change Pennsylvania’s distinction of having one of the worst legal climates in the nation.
Legal reform is a priority because a state’s legal system has a direct bearing on the cost and quality of health care; the cost of consumer goods and services; new product research and development; business investments and job creation.

Pennsylvania Chamber members are fully engaged with the General Assembly and the Corbett administration to secure enactment of these and other commonsense reforms. With the governor and legislative leadership both citing this as a priority, the business community is hopeful for meaningful progress.

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Founded in 1916, the Pennsylvania Chamber of Business and Industry is the state's largest broad-based business association, with its membership comprising businesses of all sizes and across all industry sectors. The PA Chamber is The Statewide Voice of Business.

   
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