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MA S1218
Bill
Status
2/27/2025
Primary Sponsor
Patrick O'Connor
Click for details
AI Summary
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Creates new Chapter 93M establishing liability protections for non-manufacturing sellers (retailers, distributors) in products liability lawsuits involving defective products that cause personal injury, death, or property damage
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Requires manufacturers to indemnify and hold harmless sellers against losses from products liability actions, including court costs, attorney fees, and damages, except where the seller's own misconduct caused the harm
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Shields non-manufacturing sellers from liability unless the claimant proves the seller participated in product design, altered the product, controlled warning content, made false representations, or had actual knowledge of a defect
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Creates a rebuttable presumption that manufacturers and sellers are not liable if the product complied with mandatory federal safety standards at the time of manufacture
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Allows sellers to file an affidavit identifying the manufacturer to be relieved of strict liability claims, but sellers remain liable if the manufacturer is in bankruptcy, has no U.S. presence, or cannot be correctly identified
Legislative Description
Relative to protecting innocent sellers
Last Action
Accompanied a study order (under JR10), see S2886
12/18/2025