Product Liability Reform: HB 1 (1987).
Provides that a product’s design is not defective if: (1)
Provides that a product’s design is not defective if: (1) an injury occurs due to the inherent characteristics of a product, where the characteristics are recognized by the ordinary person with ordinary knowledge common to the community; or (2) an injury occurs because of a design which is state of the art, unless the manufacturer acted unreasonably in introducing the product into trade or commerce. Provides that a product is not defective due to lack of warnings if the risk is open and obvious or is a risk that is a matter of common knowledge. Establishes a complete defense for manufacturers and sellers of ethical drugs and/or devices if they have supplied adequate warnings to learned intermediaries, unless the FDA requires additional warnings. Provides that a drug manufacturer shall not be liable for punitive damages if the drug was approved by the FDA.
Latest News
View all news
Third Circuit Ruling Blocks Bankruptcy Proceedings for LTL Management
The American Tort Reform Association (ATRA) is disappointed to learn that the U.S. Court of Appeals for the Third Circuit ruled against LTL Management, LLC in a case regarding the […]
Trial lawyers target agriculture products in ‘Judicial Hellholes’
This op-ed was originally published by Agri-Pulse. Mass tort litigation has become a multi-billion-dollar industry for trial lawyers over the past several decades as they’ve targeted everything from tobacco and […]
Gov. DeSantis Signs Key Legal Reform Bill In Florida
SB 2-A to improve FL property insurance; addresses assignment of benefits, one way attorney fee shifting, third-party bad faith
ATRA Brief Calls on SCOTUS to Review Near Limitless Per Violation Civil Penalties
Arbitrary, excessive punishments result from lack of clarity under some laws
Frivolous ‘No-Injury’ Lawsuits Thrive in California
State ranked No. 3 among worst ‘Judicial Hellholes’ in nation with residents paying $1,900 per year in ‘tort tax’
Endless Coastal Litigation Creates Climate of Lawsuit Abuse in ‘Judicial Hellhole’ Louisiana
Residents pay ‘tort tax’ of more than $1,010 amid all-time high inflation