Product Liability Fairness Act of 1995

Product Liability Fairness Act of 1995 - Applies this Act to any product liability action begun after enactment of this Act, except for actions for loss or damage to a product itself, actions for commercial loss, and actions for negligent entrustment. Makes any circuit court of appeals decision interpreting this Act a precedent for any Federal or State court within that court's geographic jurisdiction.

(Sec. 4) Allows a claimant or defendant in a product liability action to offer to proceed with voluntary, nonbinding alternative dispute resolution (ADR). Requires defendant offerees to pay reasonable attorney's fees and costs if they unreasonably or in bad faith refuse to proceed to ADR and final judgment is entered against the defendant.

(Sec. 5) Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing. Declares that a failure to inspect is not a failure of reasonable care if there was no reasonable opportunity to inspect. Makes a seller liable as a manufacturer if the manufacturer is not subject to service or if the claimant would be unable to enforce a judgment.

(Sec. 6) Makes it a complete defense if the claimant was under the influence of alcohol or a drug and was more than 50 percent responsible.

(Sec. 7) Reduces damages by the percentage of harm attributable to misuse or alteration, except for actions involving an employer or coemployee if the employer or coemployee is, under State law, immune from claimant's action.

(Sec. 8) Allows punitive damages, as permitted by State law, if the claimant shows by clear and convincing evidence that the harm resulted from the defendant's conscious, flagrant safety indifference. Limits the amounts that may be awarded for a claim. Requires, at the request of either party, consideration of punitive damages in a separate proceeding.

(Sec. 9) Limits the time within which a product liability action must be started, with a separate limit for durable goods.

(Sec. 10) Permits several and prohibits joint liability for noneconomic loss.

(Sec. 11) Grants an insurer a right of subrogation whether or not the insurer is a party. Prohibits settlements or payments, and makes releases invalid, without the consent of the insurer.

Requires, if the manufacturer or seller alleges the harm was the fault of the claimant's employer or coemployee, that the issue be submitted to the trier of fact. Reduces damages if it is found by clear and convincing evidence that the harm was so caused, but requires the manufacturer or seller to reimburse the insurer for attorney's fees and costs if it is not so found.

(Sec. 12) Declares that U.S. district courts shall not have jurisdiction under this Act based on provisions of the U.S. Code relating to Federal questions, commerce and antitrust, and amounts in controversy.