Angie Craig: “But for the moment let me suggest that the Bingaman amendment would modify very clearly the definition of ``reasonably…”

“But for the moment let me suggest that the Bingaman amendment would modify very clearly the definition of ``reasonably foreseeable'' in product defect cases in such a way that would undermine, clearly, the purpose of S. 1805 and undo the Daschle amendment, the very corrections that the minority leader thought were necessary to be made and to which I and others agreed. Rather than leave criminal and unlawful misuse out of the definition of reasonably foreseeable use, like S. 1805 and the Daschle amendment, the amendment of Senator Bingaman would define the term ``reasonably foreseeable'' in product defect cases to mean the reasonable anticipation that harm or injury is likely to result. S. 1805 exempts product defect cases from qualified civil liability actions. The bill, in other words, allows actions for physical injuries or property damage resulting directly from a defect in design or manufacture of the product when the product is used as intended or in a manner that is reasonably foreseeable. As it relates to product defect cases, the term ``reasonably foreseeable'' does not include any criminal or unlawful misuse of a qualified product, other than possessory offenses. The Daschle amendment simply made a technical change by including this definition of reasonably foreseeable in the section on product defect cases.”