Bill
Number: S.B. 1092
Leach
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Specifies that the
seller of a product must have had actual knowledge of a change in the product's
condition from when the product left the manufacturer's possession in order to
be held liable in a product liability action.
2. Specifies that, in
order for the seller of a product to be held liable in a product liability
action, the seller must have failed to convey labels, warnings or instructions
to the consumer that were intended to be placed on or distributed with the
product at issue
3. that the seller actually
received before selling the product.
4. Removes the requirement
that a manufacturer indemnify the seller for any judgement rendered against the
seller in a product liability action where the manufacturer refuses to accept a
tender of defense from the seller.
Fifty-fifth Legislature Leach
Second
Regular Session S.B. 1092
LEACH FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1092
(Reference to printed bill)
Page 1, line
29, after "and" insert "the
seller had actual knowledge of"; after "condition"
strike remainder of line
Line 30,
strike "seller"; after "and"
insert "that change"
Strike lines
32 through 36, insert:
"5. The seller failed to exercise reasonable care:
(a) In either:
(i) Assembling, maintaining or repairing the product at
issue.
(ii) Conveying
to the consumer the labels, warnings or instructions that were intended to be
placed on or distributed with the product at issue that the seller actually
received before selling the product at issue.
(b) and The act described in item (i)
or (ii) of this subdivision was a substantial cause of
the incident giving rise to the action."
Page 2, line
1, after "shall" strike remainder of line
Line 2,
strike "rendered against the seller and shall also"
Amend title to conform