Bill Text: PA SB384 | 2011-2012 | Regular Session | Introduced

---

Bill Title: In limitation of time, providing for a statute of repose in product liability actions.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced - Dead) 2011-02-03 - Referred to JUDICIARY [SB384 Detail]

Download: Pennsylvania-2011-SB384-Introduced.html

---

PRINTER'S NO. 370
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 384 Session of2011
INTRODUCED BY BAKER, BRUBAKER, EARLL, EICHELBERGER, FOLMER, PICCOLA, SMUCKER, WAUGH, D. WHITE AND M. WHITE, FEBRUARY 3, 2011
REFERRED TO JUDICIARY, FEBRUARY 3, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
providing for a statute of repose in product liability
actions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5539. Statute of repose in product liability actions.
(a) General rule.--Except as provided in subsection (b), a
civil action or proceeding brought against any person or
business entity to recover damages for death, for injury to
persons or property or for economic loss allegedly resulting
from a defective product must be commenced within 15 years of
any of the following:
(1) The date of delivery of the product to the first
purchaser or lessee who is not engaged in the business of
selling or leasing the product.
(2) The date of completion of the replacement or
addition of a new component, system, subassembly or other
part which was added to the product and which is alleged to
have caused death, injury to persons or property or economic
loss.
(b) Exception.--Subsection (a) does not apply to any of the
following:
(1) An action brought under a written warranty which
would be enforceable under law but for the operation of this
section.
(2) An action against a manufacturer, seller or
distributor of the product or the manufacturer, seller or
distributor of any new component, system, subassembly or
other part of the product alleging a physical illness the
evidence of which did not appear within 15 years of the first
exposure to the product.
(c) Applicability.--This section shall apply to any claim or
action brought by a plaintiff for harm caused by a product,
irrespective of the theory underlying the claim, other than an
action for harm caused by breach of an express warranty.
(d) Limitation.--If an injury or wrongful death occurs more
than 13 years and within 15 years after delivery of the product
as described in subsection (a)(1) or the date of completion of
the replacement or addition of a new component as described in
subsection (a)(2), a civil action or proceeding within the scope
of subsection (a) may be commenced within the time otherwise
limited by this subchapter, but not later than 17 years after
the events described in subsection (a)(1) and (2).
Section 2. This act shall apply to all actions filed after
the effective date of this section.
20110SB0384PN0370 - 2 -
Section 3. This act shall take effect immediately.
20110SB0384PN0370 - 3 -