Skip to main content
HR 1115 100th Congress House Commerce Advisory bodies Aircraft Alcohol Asbestos Civil actions and liability Clothing industry Congressional oversight Consumer protection Courts and Civil Procedure Damages Deceptive advertising Defective products Drug industry Drugs Economic impact statements Equipment and supplies Evidence (Law) Federal advisory bodies Federal preemption

Uniform Product Safety Act of 1988

Introduced: February 18, 1987 See on congress.gov
 Everywhere this bill has been 26 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Sep 27, 1988
Subcommittee Hearings Held.
Aug 12, 1988
Referred to Subcommittee on Labor Standards.
Jul 11, 1988
Referred to Subcommittee on Monopolies and Commercial Law.
Jun 30, 1988
Referred to House Committee on The Judiciary Sequentially, for a Period not to Exceed Forty-five Legislative Days.
Jun 30, 1988
Referred to House Committee on Education and Labor Sequentially, for a Period not to Exceed Forty-five Legislative Days.
Jun 30, 1988
Reported to House (Amended) by House Committee on Energy and Commerce. Report No: 100-748 (Part I).
Jun 14, 1988
Ordered to be Reported (Amended).
Jun 14, 1988
Committee Consideration and Mark-up Session Held.
Jun 9, 1988
Committee Consideration and Mark-up Session Held.
Jun 8, 1988
Committee Consideration and Mark-up Session Held.
Jun 2, 1988
Committee Consideration and Mark-up Session Held.
Jun 1, 1988
Committee Consideration and Mark-up Session Held.
May 24, 1988
Committee Consideration and Mark-up Session Held.
May 19, 1988
Committee Consideration and Mark-up Session Held.
May 18, 1988
Committee Consideration and Mark-up Session Held.
May 12, 1988
Committee Consideration and Mark-up Session Held.
May 10, 1988
Committee Consideration and Mark-up Session Held.
Dec 8, 1987
Forwarded by Subcommittee to Full Committee (Amended).
Dec 8, 1987
Subcommittee Consideration and Mark-up Session Held.
Dec 3, 1987
Subcommittee Consideration and Mark-up Session Held.
Nov 20, 1987
Subcommittee Consideration and Mark-up Session Held.
Nov 19, 1987
Subcommittee Consideration and Mark-up Session Held.
Nov 18, 1987
Subcommittee Consideration and Mark-up Session Held.
Feb 26, 1987
Referred to Subcommittee on Commerce, Consumer Protection, and Competitiveness.
Feb 18, 1987
Referred to House Committee on Energy and Commerce.
Feb 18, 1987
Introduced in House
 Plain-English summary Congressional Research Service

Uniform Product Safety Act of 1987 - States that this Act governs any civil action brought against a manufacturer or product seller for personal injury or damage caused by a product. Supersedes any inconsistent State law regarding recovery in such such actions. Lists specific laws not superseded, including: (1) defenses of sovereign immunity asserted by the United States or any State; (2) any Federal law (except the Federal Employees Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; and (5) the right of any court to transfer venue. Allows any State to develop and implement expedited product liability claims procedures.

Establishes uniform national standards for product liability actions. Subjects a product manufacturer to liability if the claimant establishes that: (1) the manufacturer manufactured an unreasonably dangerous product; (2) the product failed to conform to an express warranty made by the manufacturer; (3) the manufacturer was negligent in designing the product; or (4) the manufacturer failed to provide appropriate warnings or instructions. Treats a product seller as a manufacturer where: (1) the manufacturer is not subject to a service of process in any State where the action might be brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer.

Subjects a product seller to liability if the claimant establishes that: (1) the product failed to conform to an express warranty made by the product seller; (2) the product seller did not exercise reasonable care in assembling, inspecting, or maintaining such product; or (3) the product seller did not exercise reasonable care in passing on the manufacturer's warnings or instructions.

Establishes defenses in such actions with respect to: (1) manufacturing practices in light of existing technology; and (2) compliance with Government standards and contract specifications; and (3) claimant's intoxication.

Holds each defendant found responsible for the harm jointly and severally liable.

Makes a product seller or manufacturer liable for punitive damages if such seller or manufacturer: (1) knowingly destroyed or failed to make available evidence whose production is required; or (2) manifested a conscious and flagrant indifference to consumer safety. Lists factors to be considered in setting the amount of punitive damages. Limits punitive damages to treble damages plus costs. Provides that punitive damages may not be awarded where: (1) a drug or medical device complied with certain Government standards; or (2) an aircraft was certified by the Secretary of Transportation under the Federal Aviation Act of 1958.

Establishes a 25-year statute of repose.

Requires any damage award to be reduced by the amount of workers' compensation benefits paid.

Establishes a Federal Product Liability Study Panel to study: (1) existing and proposed expedited product liability claims procedures; (2) Federal and State workers' compensation systems; and (3) nonjudicial methods for resolving product liability claims. Requires the Panel to report to specified congressional committees within two years of enactment of this Act.

What's happening now September 27, 1988

Subcommittee Hearings Held.

 Committees of jurisdiction 6