Bill > S1218

This bill establishes a new legal framework for protecting innocent sellers in product liability cases by creating Chapter 93M in Massachusetts law. The bill defines key terms such as "claimant," "products liability action," "seller," and "manufacturer," and outlines specific protections for sellers who are not directly responsible for product defects. It requires manufacturers to indemnify sellers against losses in liability actions, except in cases of the seller's intentional misconduct. The bill limits a non-manufacturing seller's liability, specifying that sellers can only be held responsible under narrow circumstances, such as participating in product design, making express misrepresentations about the product, or knowingly selling a defective product. The legislation also provides a mechanism for sellers to identify the actual manufacturer through an affidavit, which can help relieve them of strict liability claims. Additionally, the bill creates a rebuttable presumption of non-liability if a product complies with federal safety standards and establishes defenses for sellers who can prove they had no knowledge of a product's defect and could not have discovered it through reasonable care. The bill applies retroactively to existing contracts and provides sellers with the ability to seek damages and equitable relief in cases of unlawful practices, ultimately aimed at protecting sellers who are not directly responsible for product defects.

Justice

https://malegislature.gov/Bills/194/S1218