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OK HB2696

Bill

Status

Introduced

2/1/2016

Primary Sponsor

John Enns

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Sellers (manufacturers, wholesalers, distributors, retailers) are not liable for harm caused by unreasonable misuse of their products under the "Rational Use of a Product Act"

  • Damages must be reduced proportionally when unreasonable misuse contributed to injury, and the trier of fact may find that misuse was the sole cause of harm

  • "Misuse" is defined as using a product contrary to its intended purpose, inconsistent with specifications, against instructions/warnings, or in ways deemed improper by federal or state agencies

  • "Unreasonable misuse" occurs when a reasonably prudent person would not have used the product that way, or when the use was not reasonably foreseeable by the seller

  • Products may still be considered defective if an available alternative design could have reduced foreseeable misuse risks without unreasonably increasing costs or reducing efficiency, or if additional warnings could have prevented harm without detracting from more critical safety information

Legislative Description

Product liability; creating the Rational Use of a Product Act; effective date.

Last Action

Second Reading referred to Judiciary and Civil Procedure

2/2/2016

Committee Referrals

Judiciary and Civil Procedure2/2/2016

Full Bill Text

No bill text available