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Titles (2)

Short Titles

Short Titles - Senate

Short Titles as Introduced

Small Business Liability Reform Act of 2003

Official Titles

Official Titles - Senate

Official Titles as Introduced

A bill to provide small businesses certain protection from litigation excesses and to limit the product liability of non-manufacturer product sellers.


Actions Overview (1)

Date
07/31/2003Introduced in Senate

All Actions (2)

Date
07/31/2003Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR 8/1/2003 S10676-10679)
Action By: Senate
07/31/2003Sponsor introductory remarks on measure. (CR S10674-10676)
Action By: Senate

Cosponsors (1)

* = Original cosponsor
CosponsorDate Cosponsored
Sen. Lieberman, Joseph I. [D-CT]* 07/31/2003

Committees (1)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Reports
Senate Judiciary07/31/2003 Referred to

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Latest Summary (1)

There is one summary for S.1546. View summaries

Shown Here:
Introduced in Senate (07/31/2003)

Small Business Liability Reform Act of 2003 - Allows punitive damages to be awarded against a small business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. Limits such punitive damages to the lesser of three times the amount awarded for economic and noneconomic losses, or $250,000. Makes such limitation inapplicable if the court finds that the defendant acted with specific intent to cause the type of harm for which the action is brought. Provides liability limitation exceptions.

States that in any civil action against a small business: (1) each defendant shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant for the harm caused to the plaintiff; and (2) the court shall render a separate judgment against each defendant describing such percentage of responsibility.

Excepts from such liability limitations specified misconduct of a defendant.

Mandates that, in any product liability action covered by this Act, a product seller other than a manufacturer shall be liable to a claimant only if such claimant establishes that: (1) the product that caused the harm was sold, rented, or leased by the seller, the seller failed to exercise reasonable care with respect to the product, and such failure was the proximate cause of harm to the plaintiff; (2) the seller made an express warranty applicable to such product, the product failed to conform to the warranty, and such failure caused the harm to the plaintiff; or (3) the product seller engaged in intentional wrongdoing, and such wrongdoing caused the harm to the plaintiff.