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AL SB184

Bill

Status

Passed

6/1/2011

Primary Sponsor

Robert Ward

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Origin

Senate

Regular Session 2011

AI Summary

SB184 Summary

  • Amends Alabama Code Sections 6-5-501 and 6-5-521 to prohibit product liability actions against distributors, wholesalers, dealers, retailers, and sellers unless they are also the manufacturer or exercised substantial control over design, testing, manufacture, packaging, or labeling.

  • Allows product liability actions against non-manufacturers only if the distributor altered or modified the product and such alteration was a substantial factor in causing the injury.

  • Permits actions against non-manufacturers if the claimant cannot identify the actual manufacturer despite exercising good faith due diligence, requiring an affidavit documenting the search efforts.

  • Requires claimants who learn the manufacturer's identity to exercise due diligence in suing the manufacturer and voluntarily dismiss claims against distributors once the manufacturer has answered or pleaded, unless prima facie evidence supports liability against the distributor.

  • Applies only to civil actions commenced or filed on or after the effective date; becomes effective immediately upon passage and gubernatorial approval.

Legislative Description

Product liability action for relief against sellers that are not manufacturers, prohibited, Secs. 6-5-501, 6-5-521 am'd. (2011-20347)

Civil Procedure

Last Action

Delivered to Governor at 2:06 p.m. on June 1, 2011

6/1/2011

Committee Referrals

Judiciary4/21/2011
Judiciary3/9/2011

Full Bill Text

No bill text available