ENGROSSED SENATE BILL NO. 754 - Summary

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

• Defines "unreasonable misuse" as use that a reasonable prudent person would not have used in the same manner or circumstances, or use not reasonably foreseeable by the seller.

• Allows damages reduction (rather than complete immunity) when a plaintiff's unreasonable misuse partially contributed to injury, with the trier of fact able to determine if harm resulted solely from misuse.

• Establishes that a product may only be considered defective for design or inadequate warnings if alternative designs or additional warnings could have significantly reduced foreseeable risks of reasonable (not unreasonable) product misuse.

• Becomes effective November 1, 2013, and is codified as Section 45 of Title 76 of the Oklahoma Statutes.