Richard Shelby: “I have made statements in the past about the negative effects this bill will have on State laws and federalism in…”

“I have made statements in the past about the negative effects this bill will have on State laws and federalism in general. Tonight, I want to be more specific. My State of Alabama has a wrongful death statute whose damages are construed as only punitive in nature--yes, only punitive in nature. Under the product liability bill that we are considering today in the Senate, along with some of the proposed amendments to this bill, people who have committed or are guilty of a wrongful death in my State of Alabama, the damages available will be severely limited. In 1852, quite a while ago, the Alabama legislature passed what is known as the Alabama Homicide Act. This act permits a personal representative to recover damages for a death caused by a wrongful act, omission, or negligence. For the past 140 years, the Alabama Supreme Court has interpreted this statute as imposing punitive damages for any conduct which causes death. Alabama believes that all people have equal worth in our society, so the financial position of a person is not used as the measure of damages in wrongful death cases in my State. The entire focus of Alabama's wrongful death civil action is on the cause of the death.”