Bill

Bill > H1437


MA H1437

MA H1437
Relative to protecting innocent sellers


summary

Introduced
02/16/2023
In Committee
02/16/2023
Crossed Over
Passed
Dead
12/31/2024

Introduced Session

193rd General Court

Bill Summary

Relative to nonmanufacturing seller liability. The Judiciary.

AI Summary

This bill aims to protect non-manufacturing sellers from liability in products liability actions. Key provisions include: 1. Requiring manufacturers to indemnify and hold harmless sellers against losses arising from products liability actions, except for losses caused by the seller's own misconduct. 2. Limiting the liability of non-manufacturing sellers, unless they participated in the product's design, altered or modified the product, installed the product, controlled the content of inadequate warnings, made an incorrect factual representation about the product, or actually knew of a product defect. 3. Establishing a rebuttable presumption that a manufacturer or seller is not liable if the product complied with federal safety standards, unless the standards were inadequate or the manufacturer withheld or misrepresented relevant information. 4. Allowing sellers to file an affidavit identifying the correct manufacturer, which would relieve the seller of strict liability claims, subject to certain exceptions. 5. Providing a defense for sellers who had no knowledge of the defect, could not have discovered it with reasonable care, did not manufacture or alter the product, and are subject to service of process. The bill applies to contracts made before and after its passage and provides for civil actions and remedies for sellers who are injured by unlawful acts under the law.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4517 (on 06/05/2024)

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location
State Bill Page https://malegislature.gov/Bills/193/H1437
BillText https://malegislature.gov/Bills/193/H1437.pdf
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