More Proposed Federalization of Tort Law by House Republicans

In addition to the six bills already reported here and here, House Republicans have also introduced H.R. 1118, the so-called “Innocent Sellers Fairness Act,” which would federalize the law of product liability by limiting liability for the sellers of a product.  The bill is sponsored by Rep. Blake Farenthold (R-TX 27), Rep. John Duncan (R-TN 2), and Rep. Lamar Smith (R-TX 21).

The operative provisions of the bill provide:

(a) In general

No seller of any product shall be liable for personal injury, monetary loss, or damage to property arising out of an accident or transaction involving such product, unless the claimant proves one or more of the following activities by the seller:

(1) The seller was the manufacturer of the product.

(2) The seller participated in the design of the product.

(3) The seller participated in the installation of the product.

(4) The seller altered, modified, or expressly warranted the product in a manner not authorized by the manufacturer.

(5) The seller had actual knowledge of the defect in the product as a result of a recall from the manufacturer or governmental entity authorized to make such recall or actual inspection at the time the seller sold the product to the claimant.

(6) The seller had actual knowledge of the defect in the product at the time the seller supplied the product.

(7) The seller intentionally altered or modified a product warranty, warning or instruction from the manufacturer in a way not authorized by the manufacturer.

(8) The seller knowingly made a false representation about an aspect of the product not authorized by the manufacturer.

(b) Liability of seller in cases of negligence

If the claimant proves one or more of the activities described in subsection (a) and such activity was negligent, the seller’s liability is limited to the personal injury, monetary loss, or damage to property, directly caused by such activity.

These provisions resemble Section 8 of the American Legislative Exchange Council's so-called “model policy” on product liability for state legislators to copy.

Unlike the other six bills, this one has not passed the House Judiciary Committee.