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MA S1218

Bill

Status

Introduced

2/27/2025

Primary Sponsor

Patrick O'Connor

Click for details

Origin

Senate

194th General Court

AI Summary

  • 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

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Judiciary2/27/2025

Full Bill Text

No bill text available