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S 1546 108th Congress Senate Law Agriculture and Food Alcoholic beverages Civil actions and liability Commerce Damages Drug abuse Drunk driving Evidence (Law) Federal preemption Government Operations and Politics Lease and rental services Liability (Law) Limitation of actions Negligence Products liability Punitive damages Retail trade Small business State laws

Small Business Liability Reform Act of 2003

Introduced: July 31, 2003 Introduced by: McConnell, Mitch Republican · Kentucky See on congress.gov
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jul 31, 2003
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR 8/1/2003 S10676-10679)
Jul 31, 2003
Sponsor introductory remarks on measure. (CR S10674-10676)
Jul 31, 2003
Introduced in Senate
 Plain-English summary Congressional Research Service
Small Business Liability Reform Act of 2003 - 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.

What's happening now July 31, 2003

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR 8/1/2003 S10676-10679)

 Committees of jurisdiction 1