On the recordJuly 7, 1998
I will briefly run through a list of the bill's major provisions for my colleagues in the hope that some of them and some of their staff they work with are listening. No. 1, the bill, as the Senator from Washington indicated, protects product sellers, renters, and lessors from suits that should be brought against manufacturers, not the product sellers, renters, or the lessors. Product sellers, renters, or lessors will be held liable for their own negligence, make no mistake. For their own negligence they will be held accountable, or their failure to comply with express warranty, but not for the negligence that is beyond their own control. That comports, it seems to me, with common sense. The product seller, renter, or lessor remains liable if the manufacturer cannot be brought into court. So, again, a consumer protection. Or they remain liable if the manufacturer is unable to pay judgments. All of this is in order to ensure that consumers retain a source of recovery. So, product sellers, renters, or lessors, et cetera, are protected, but they are not protected in the ultimate sense. That is, if manufacturers don't show up, are broke, can't pay, they--the consumer, injured consumer--will still get recovery. No. 2, this bill will create a defense in a product liability case if a plaintiff is found to have been under the influence of illegal drugs or alcohol and was responsible for more than 50 percent of his or her own injuries. That has always struck me as a commonsense idea.
Source
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