Product Liability Reform: HB 1270 (1993).


Requires product liability cases to be based on a design,

Requires product liability cases to be based on a design, manufacturing or warning defect, or breach of an express warranty, which caused the product to be unreasonably dangerous.  Provides that a product that contains an inherently dangerous characteristic is not defective if the dangerous characteristic cannot be eliminated without substantially reducing the product’s usefulness or desirability and the inherent characteristic is recognized by the ordinary person with ordinary knowledge common to the community.  Provides that a manufacturer or seller cannot be held liable for failure to warn of a product’s dangerous condition if it was not known at the time the product left the manufacturer’s or  seller’s control.  Completely bars from recovery a plaintiff who knowingly and voluntarily exposes himself or herself to a dangerous product condition if he or she is injured as a result of that condition.  Relieves a manufacturer or seller from the duty to warn of a product that poses an open and obvious risk.  Provides that a properly functioning product is not defective unless there was a practical and economically feasible design alternative available at the time of manufacture.  Provides for indemnification of innocent retailers and wholesalers.

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