Selected Products Liability Issues: A 50-State Survey (CRS Report for Congress)
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| Release Date |
Oct. 13, 2005 |
| Report Number |
RL32560 |
| Report Type |
Report |
| Authors |
Henry Cohen, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
This report examines the laws of the 50 states and the District of Columbia in the following areas of products liability: (1) product seller liability, (2) contributory fault, (3) punitive damages, (4) joint and several liability, (5) statutes of limitations, and (6) statutes of repose.
This 50-state survey is intended as a quick guide to statutes that deal with these six issues, not as a full description of the relevant laws. Thus, exceptions and details, such as when statutes of limitations may be tolled, are not generally noted, and case law has not been checked systematically. Also not usually noted is whether a provision applies only to products liability actions or to other tort actions as well.
In each of the six areas of products liability law covered, many states have altered the common law in recent years. Some have (1) made product sellers other than manufacturers not strictly liable, (2) adopted comparative fault, (3) placed caps on punitive damages or raised the burden of proof with respect to a plaintiff's entitlement to punitive damages, (4) limited joint and several liability, (5) adopted discovery statutes of limitations, and (6) adopted statutes of repose. These terms are all explained in an introduction to each of the areas.
