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MS HB1152
Bill
Status
2/2/2021
Primary Sponsor
Chris Brown
Click for details
AI Summary
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Creates the "Rational Use of Product Act" establishing that sellers are not liable for harm caused by unreasonable misuse of their products.
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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.
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Defines "misuse" as use for an unintended purpose or manner, including uses inconsistent with specifications, instructions, warnings, or federal/state agency determinations.
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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.
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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