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OK HB3365
Bill
Status
5/5/2014
Primary Sponsor
Kyle Loveless
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AI Summary
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Establishes rebuttable presumptions that manufacturers/sellers are not liable for product injuries if the product's formulation, labeling, or design complied with or exceeded applicable federal safety standards at time of manufacture.
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Allows claimants to rebut the presumption by proving the federal safety standards were inadequate to protect public safety or that the manufacturer withheld or misrepresented material information to the federal government.
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Creates a second rebuttable presumption for products subject to federal premarket licensing or approval, with similar rebuttal rights regarding standard adequacy or manufacturer misrepresentation.
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Restricts product liability actions against non-manufacturer sellers unless they exercised substantial control over the product's design/manufacture, altered the product, made independent warranties, or the manufacturer cannot be identified or served.
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Limits initial discovery in claims against sellers to issues related to seller liability; effective November 1, 2014.
Legislative Description
Product liability; providing rebuttable presumptions and scope of liability; effective date.
Civil and Criminal Procedure and Courts
Last Action
Approved by Governor 05/02/2014
5/5/2014