Comprehensive Products Liability Reform – S.B. 216
Montana – 2023
- Enables defendants to raise a comparative fault defense when the plaintiff asserts a strict product liability claim.
- Expands the statutory misuse defense to include use of the product at issue in a manner that contravenes an express warning or instruction provided with the product
- Establishes an affirmative defense that the product at issue could not have been made safer by the adoption of a reasonable alternative design or manufacturing process that was available at the time the product was first used
- Creates a 10-year statute of repose
- Establishes a rebuttable presumption that the product was not defective and that the seller was not negligent if the product complied with mandatory government safety statutes, regulations, or standards applicable to the product at issue and pertinent to the characteristics that allegedly caused the injury
- Provides protection against product liability lawsuits for sellers who are not also manufacturers of the product at issue.
Latest News
View all news
The Lab Whose Junk Science Is Fueling a Frenzy of Litigation
Legitimate consumer protection demands sound science and impartial analysis — not distorted data designed to manufacture lawsuits.
Lawsuit Advertising Frenzy Fuels Georgia’s Litigation Epidemic
Law Firms Spent $168M+ on 2.2M Ads in Georgia
Trial Lawyers’ Dual Grip on Pennsylvania Politics and Public Opinion Revealed in New ATRA Reports
ATRA’s Latest Studies Reveal Financial Influence and Lack of Transparency in Pennsylvania’s Campaign Finance Systems
Reports Reveal Influence of Trial Lawyers on New Jersey’s Legal Landscape
Two New Reports Analyze Legal Services Advertising Trends and Campaign Contributions
California Trial Lawyers’ Influence on Legal Landscape Exposed
Two New Reports Unveil Disturbing Trends in Legal Services Advertising and Plaintiffs’ Firms’ Political Contributions
New Reports Expose Trial Lawyers’ Grip on Nevada Politics and Legal Advertising Trends
In-depth analysis unveils trial lawyers’ staggering advertising and political spending, exposing tactics used to shape public opinion and legal outcomes.