Skip to main content
S 865 107th Congress Senate

Small Business Liability Reform Act of 2001

Official title: A bill to provide small businesses certain protections from litigation excesses and to limit the product liability of nonmanufacturer product sellers.

Introduced: May 10, 2001 Introduced by: McConnell, Mitch Republican · Kentucky See on congress.gov
Law Agriculture and FoodAlcoholic beveragesCivil Rights and Liberties, Minority IssuesCivil actions and liability
More subjectsShow fewer subjects
Civil rights enforcementClaimsCommerceDamagesDrug abuseDrunk drivingEBB TerrorismEnvironmental ProtectionEvidence (Law)Federal preemptionFraudGovernment Operations and PoliticsHate crimesLease and rental servicesLiability (Law)
This bill died when the 107th Congress ended
It never became law before the 107th Congress (2001–2002) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 4 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jun 28, 2001
Sponsor introductory remarks on measure. (CR S7078-7079)
May 14, 2001
Sponsor introductory remarks on measure. (CR S4884-4885)
May 10, 2001
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S4840-4842)
May 10, 2001
Introduced in Senate
 Ask about this bill AI · grounded in the bill text

Have a question about what this bill does? Ask in plain English; the answer is drawn from the bill's actual text and official record, and it'll tell you when something isn't in the text rather than guess.

AI answers can be imperfect; always confirm against the full bill text.

 Latest action June 28, 2001

Sponsor introductory remarks on measure. (CR S7078-7079)

 Plain-English summary Congressional Research Service
Small Business Liability Reform Act of 2001 - Allows punitive damages to be awarded against a small business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. Limits such punitive damages to the lesser of three times the amount awarded for economic and noneconomic losses, or $250,000. Makes such limitation inapplicable if the court finds that the defendant acted with specific intent to cause the type of harm for which the action is brought. Provides liability limitation exceptions.

States that in any civil action against a small business: (1) each defendant shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant for the harm caused to the plaintiff; and (2) the court shall render a separate judgment against each defendant describing such percentage of responsibility.

Excepts from such liability limitations specified misconduct of a defendant.

Mandates that, in any product liability action covered by this Act, a product seller other than a manufacturer shall be liable to a claimant only if such claimant establishes that: (1) the product that caused the harm was sold, rented, or leased by the seller, the seller failed to exercise reasonable care with respect to the product, and such failure was the proximate cause of harm to the plaintiff; (2) the seller made an express warranty applicable to such product, the product failed to conform to the warranty, and such failure caused the harm to the plaintiff; or (3) the product seller engaged in intentional wrongdoing, and such wrongdoing caused the harm to the plaintiff.

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
Cite this page click to expand
APA
U.S. Congress. (2026). S. 865: Small Business Liability Reform Act of 2001. 107th Congress. Open America. https://openamerica.io/bill/107-S-865/
MLA
"S. 865: Small Business Liability Reform Act of 2001." 107th Congress, 2026, Open America, https://openamerica.io/bill/107-S-865/.
Bluebook (legal)
S. 865, 107th Cong. (2026), https://openamerica.io/bill/107-S-865/.
Markdown link
[S. 865: Small Business Liability Reform Act of 2001](https://openamerica.io/bill/107-S-865/)
Report a problem