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MS HB1152

Bill

Status

Failed

2/2/2021

Primary Sponsor

Chris Brown

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • Creates the "Rational Use of Product Act" establishing that sellers are not liable for harm caused by unreasonable misuse of their products.

  • Allows damages to be reduced proportionally if reasonable misuse contributed to injury, with the trier of fact able to determine if harm resulted solely from such misuse.

  • Defines "misuse" as use for an unintended purpose or manner, including uses inconsistent with specifications, instructions, warnings, or federal/state agency determinations.

  • Permits products to be considered defective for design or inadequate warnings only if reasonably foreseeable risks from reasonable misuse could have been significantly reduced by alternative design or additional instructions/warnings.

  • Amends Section 11-1-63 of the Mississippi Code to incorporate product misuse as an affirmative defense and effective July 1, 2021.

Legislative Description

"The Rational Use of Product Act"; create.

Last Action

Died In Committee

2/2/2021

Committee Referrals

Judiciary A1/18/2021

Full Bill Text

No bill text available