National Product Liability Act of 1979
Latest action. Referred to House Committee on Interstate and Foreign Commerce.
National Product Liability Act of 1979 - Declares that the purpose of this Act is to establish a substantive law of product liability for damages resulting from harm caused by products affecting interstate commerce and to establish a product liability action therefor. States that such product liability action preempts all existing causes and laws for the same purpose. Subjects whomever is engaged in interstate commerce and manufactures or sells: (1) a product which is in a defective condition; or (2) any product and fails to warn or protect against a dangerous condition in the use or reasonably foreseeable misuse or unintended use of the product or fails to provide proper instructions for the intended use of that product, to liability for the harm caused despite the fact that the manufacturer or seller has exercised all possible care in the preparation and/or sale of the product. Allows any person harmed by a product who is a reasonably anticipated user or consumer of the product to bring an action in "product liability" against the manufacturer or seller of the product. Allows any person against whom a product liability action is brought to bring an action for indemnification or other appropriate relief against any third party whose misconduct has caused or contributed to the harm for which damages are sought. Limits the time for commencing a product liability action to two years from the date when the harm is first sustained, discovered, or in the exercise of reasonable care should have been discovered. Stipulates that a product shall be deemed in defective condition only if it is unreasonably dangerous for its intended use at the time the product left the control of the party against whom the action is being brought. Prohibits the awarding of punitive or exemplary damages unless the trier of fact finds that the accused acted out of malice or willfully or wantonly acted in flagrant disregard of public health and safety. Allows the primary forum for trying cases brought under this Act to remain in the State courts.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on May 23, 1979. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on May 23, 1979: Referred to House Committee on Interstate and Foreign Commerce.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 96th Congress (1979-80), 613 of the 12,581 bills and joint resolutions introduced became law, about 4.9 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
JOHN ERLENBORN (R-IL) introduced it on May 23, 1979. No cosponsors are recorded.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on May 23, 1979, 17277 days ago. The most recent recorded action was 17277 days ago, on May 23, 1979.
Measures do not carry over. Anything the 96th Congress has not finished by January 3, 1981 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers