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2004 SESSION

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HB 1372 Product liability; exemption for products containing open and obvious dangers.

Introduced by: William R. Janis | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Product liability; products containing open and obvious dangers. Exempts manufacturers or sellers from liability for claims of injury due to voluntary use of a product containing open and obvious dangers, and directly caused by the open and obvious dangers of that product. Such products are limited to (i) food products made with sugar, butter or hydrogenated oils or trans fats, (ii) tobacco, or (iii) firearms. Excludes from the exemption actions based on manufacturing defects or breach of an express warranty.

SUMMARY AS INTRODUCED:

Product liability; products containing patent hazards. Exempts manufacturers or sellers from liability for claims of injury due to voluntary use of a product containing patent hazards, and directly caused by the patent hazards of that product, where the product is known to be unsafe by the ordinary consumer who consumes or uses the product with the ordinary knowledge common to the community. Provides that such product includes (i) food products made with sugar, butter or hydrogenated oils/transfats, (ii) alcoholic beverages, (iii) tobacco, or (iv) firearms. Excludes from the exemption actions based on manufacturing defects or breach of an express warranty.