In fact, in order to address these very concerns you have thoughtfully raised, Senator, the product seller section specifically provides that the conference report does not cover negligent entrustment or negligence in selling, leasing or renting to an inappropriate party. Section 103(d) expressly states: ``A civil action for negligent entrustment shall not be subject to the provisions of this Act, but shall be subject to any applicable State law.'' Frankly, I believe this provision is superfluous, and for this reason, it does not matter if, or where the provision appears in the conference report. In sum, the product liability bill covers product liability, not negligent entrustment or failure to exercise reasonable care with regard to whom products are sold, rented or leased. H.R. 956 clearly would not cover ``a seller of liquor in a bar who sold to a person who was intoxicated or a car rental agency that rents a car to a person who is obviously unfit to drive or a gun dealer that sells a firearm to a `straw man' fronting for children or felons.''
Editor's note · Context
Discussing the provisions of a product liability bill during Senate debate.
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