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H.R. 5214

Products Liability Act of 1982

Products Liability Act of 1982 - Sets forth uniform national standards for products liability cases.

Provides that this Act preempts inconsistent Federal and State laws. Permits actions under this Act to be brought in State court or Federal court if the United States is a party or diversity jurisdiction exists.

Prohibits recovery for other than commercial loss or damage to the product itself, except as otherwise provided in this Act.

Sets forth basic standards of responsibility for manufacturers and product sellers other than manufacturers, including wholesalers, distributors, retailers, lessors, packagers, and repairers.

Establishes rules relating to proof in products liability cases with respect to government standards and contract specifications.

Prohibits admission of postmanufacturing improvements except for the purpose of impeaching a witness for the product seller who denies the feasibility of such improvements.

Provides that all product liability actions shall be governed by the principles of comparative responsibility. Specifies the manner in which damages are to be apportioned.

Requires the reduction of any damage award by the amount of workers' compensation benefits which are paid.

Makes a product seller who acted with flagrant indifference to consumer safety, where the act was an extreme departure from accepted practice, liable for punitive damages.

Establishes a three-year statute of limitations and a ten-year statute of repose.

For Further Action See H.R.7284.

Rep. Shumway, Norman D. [R-CA-14](R-CA)Sponsor
16 cosponsors5 D11 R
16cosponsors1committees5actions1related bills14subjects
  1. CommitteeH19100

    For Further Action See H.R.7284.

    Energy and Commerce Committee
  2. CommitteeH11000

    Referred to Subcommittee on Health and the Environment.

    Health and Environment Subcommittee
  3. IntroReferralH11100

    Referred to House Committee on Energy and Commerce.

    Energy and Commerce Committee
  4. IntroReferralIntro-H

    Introduced in House

  5. IntroReferral1000

    Introduced in House