National Product Liability Act

National Product Liability Act - Permits product liability actions, with specified exceptions, only during the period during which the defendant expressly warranted such product or whichever of the following periods first expires: (1) the earlier of any ten-year period beginning on the date of the first sale, lease, or delivery of possession of any product unit alleged to have harmed the plaintiff by any seller to any buyer or to any initial user or consumer; or (2) the period of limitation prescribed by State law. Specifies that a product liability action shall not be barred or limited by this Act if the action is: (1) for personal injury, death, or property damage claimed to have resulted from the defendant having either (a) breached an express contractual, statutory duty to take action for safety reasons regarding the product unit or (b) modified the product unit subsequent to the date of first sale, lease, or delivery of possession which introduced a hazard not previously existing; (2) brought against a seller who (a) owes any such duty or (b) makes, authorizes, or furnishes materials for the accomplishment of any such modification or (c) furnishes inadequate specifications, instructions, or warnings for the accomplishment of any such modification; and (3) commenced within which ever of the following first expires (a) the ten-year period beginning on the date such duty arose or such modification was made or (b) the period of limitation prescribed by State law. Sets forth standards for determining liability for product formula or design. Requires the plaintiff to prove by a preponderance of the evidence that such formula or design was the immediate, physical, and producing cause of the damage or injury and that an alternative formula or design, meeting specified requirements, was available at the time of manufacture and would have avoided or reduced the injury or damage. Declares that a defendant shall not be liable for that portion of the personal injury, death, or property damage which could have been reduced or avoided by additional safety or protective devices or substances, if the defendant proves specified conditions by a preponderance of the evidence. Declares that the defendant shall not be liable if the defendant proves by a preponderance of the evidence that the product formula or design complied with mandatory Federal standards or regulations applicable at the time of manufacture and directly pertained to the alleged hazard. Specifies that such standards shall not apply to product liability actions based upon breaches of express warranty, express contract, or implied warranty of fitness for a particular purpose. Sets forth standards of product liability for failure to specify, instruct, or warn of hazards. Requires the plaintiff to prove specified conditions by a preponderance of the evidence in such actions which vary depending on whether the defendant is a seller, a manufacturer or a party other than the manufacturer. Declares not liable a defendant who proves by a preponderance of the evidence that injury, death, or damage: (1) resulted from a modification made in the product by someone other than the defendant and other than in accordance with the defendant's express specifications or express consent; or (2) caused by specified forms of misuse of the product by any person other than the defendant. Sets forth conditions for strict liability of nonmanufacturing sellers. Requires the plaintiff to prove by a preponderance of the evidence that a nonmanufacturing seller: (1) exercised significant control over the product's characteristics, function, design, specifications, instructions, or warnings; or (2) had actual knowledge of the particular defect which caused the alleged injury or damage. Allows defendants to notify third persons answerable in product liability actions. Makes binding any such notice which states that third persons must come in and defend or be bound by determinations of fact in that suit in actions against them by the notifier. Permits nonmanufacturing sellers to joint as a third party defendant the manufacturer of the product claimed to have caused the injury who is or may be liable with or to the nonmanufacturing seller. Declares that this Act shall be construed as an Act of limitation.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on October 17, 1979. It describes the bill, it is not the legal text.

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.