No. The case against the tavern owner is based on the tavern owner's action; it is not based on an alleged defect in the product, that is, the alcohol. Cases in which a tavern owner sells alcohol to an intoxicated person involve negligent entrustment and are not subject to the provisions of the conference report; State law continues to apply. To hold that such laws were affected by the bill would be a clear and obvious misconstruction of the bill. To make this clear, one only need look to the acts covered by product sellers in the conference report. This appears in the definition of product seller, which is set forth in sections 101(11)(B), 101(16)(A). H.R. 956 is applicable to product sellers, "but only with respect to those aspects of a product (or component part of a product) which are created or affected when before placing the product in the stream of commerce." The definition then addresses those things where the product seller "produces, creates, makes, constructs, designs, or formulates * * * an aspect of the product * * * made by another." This is classic product liability and simply does not apply to the negligent tavern owner.
Editor's note · Context
Discussing the implications of a bill on tavern owner liability during a floor debate.
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