Uniform Product Liability Act
Latest action. Referred to House Committee on Interstate and Foreign Commerce.
Uniform Product Liability Act - Provides that this Act preempts any other Federal or State law pertaining to matters governed by the Act. Permits reference to be made to other sources of law where this Act does not provide a rule of decision. Sets forth basic standards of responsibility for manufacturers and product sellers other than manufacturers. Subjects a product manufacturer to liability to a claimant who proves by a preponderance of the evidence that the claimant's harm was proximately caused by the product, if such product was unreasonably unsafe in construction or design, or because: (1) adequate warnings or instructions were not provided; or (2) it did not conform to the product seller's express warranty. Specifies the requisite findings which must be made for such proof or unreasonable unsafety to be determined. Subjects a product seller other than a manufacturer to liability to a claimant who proves by a preponderance of the evidence that the claimant's harm was proximately caused by such seller's failure to use reasonable care with respect to the product. Enumerates circumstances under which such a seller is also subject to the liability of a manufacturer. Provides that a product seller shall not be subject to liability for harm caused by an unavoidably dangerous aspect of a product, with specified exceptions. Provides that a product seller shall not be liable, where it proves that at the time of manufacture it was not within practical technological feasibility to make the product safer with respect to its design and its warnings or instructions, with specified exceptions. Sets forth rules relating to proof in product liability cases with respect to the following factors: (1) product design, warnings or instructions, practical technological feasibility, or industry custom; and (2) government standards and mandatory contract specifications. Sets forth provisions governing the length of time product sellers are subject to liability. Provides for a two-year statute of limitation and a ten-year statute of repose. Provides that all claims under this Act shall be governed by the principles of comparative responsibility. Sets forth rules with respect to conduct affecting comparative responsibility, including: (1) failure to discover a defective condition; (2) use of a product with a known defective condition; (3) misuse of a product; and (4) alteration or modification of a product. Specifies the manner in which damages are to be apportioned. Requires that damages in any product liability claim be reduced by any amount paid as workers compensation benefits. Allows punitive damages to be awarded if the claimant proves by clear and convincing evidence that the harm suffered was the result of the product seller's reckless disregard for the safety of product users, consumers, or others who might be harmed by the product.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on April 1, 1980. 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 April 1, 1980: 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?
L. PREYER (D-NC) introduced it on April 1, 1980, and 1 member has since signed on as a cosponsor.
They are 1 Republican.
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 April 1, 1980, 17010 days ago. The most recent recorded action was 17010 days ago, on April 1, 1980.
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