H.R.1910 - Fairness in Product Liability Act of 1993103rd Congress (1993-1994)
|Sponsor:||Rep. Rowland, J. Roy [D-GA-8] (Introduced 04/28/1993)|
|Committees:||House - Energy and Commerce; Judiciary|
|Latest Action:||05/03/1994 Subcommittee Hearings Held.|
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Summary: H.R.1910 — 103rd Congress (1993-1994)All Bill Information (Except Text)
Introduced in House (04/28/1993)
Fairness in Product Liability Act of 1993 - Declares that this Act governs any product liability action brought in any State or Federal court against a manufacturer or product seller for harm caused by a product, but supersedes State law only to the extent that State law applies to an issue covered by this Act.
Lists specific laws not superseded, including provisions regarding vaccine injury.
Makes a product seller liable to a claimant for harm only if the claimant establishes that: (1) the product which allegedly caused the harm complained of was sold by the product seller who failed to exercise reasonable care with respect to the product and such failure was a proximate cause of the claimant's harm; (2) the product seller made an express warranty applicable to the product which allegedly caused the harm complained of, the product failed to conform to the warranty, and such failure caused the claimant's harm; or (3) the seller engaged in international wrongdoing which was a proximate cause of the harm complained of by the claimant.
Makes it a complete defense to a product liability action that the claimant was intoxicated or was under the influence of intoxicating alcohol or any drug and, as a result of such intoxication or influence, was more than 50 percent responsible for causing the accident or event which resulted in such claimant's harm.
Directs that the damages for which a manufacturer or product seller is otherwise liable under State law be reduced by the percentage of responsibility for the claimant's harm attributable to misuse or alteration of a product if such percentage was proximately caused by a use or alteration of a product: (1) in violation of, or contrary to, the manufacturer's or product seller's express warnings or instructions if the warnings or instructions are adequate under State law; or (2) involving a risk of harm which was, or should have been, known by the ordinary person who uses the product, with an exception for workplace injuries.
Sets forth provisions regarding: (1) limitations on punitive damages; (2) several liability for noneconomic damages; (3) statutes of limitation; (4) workers' compensation offsets; and (5) lack of Federal jurisdiction over civil actions arising under this Act.