VIRGINIA LAW PORTAL

• Code of Virginia
• Virginia Administrative Code
• Constitution of Virginia
• Charters
• Authorities
• Compacts
• Uncodified Acts
• RIS Users (account required)

SEARCHABLE DATABASES

• Bills & Resolutions
  session legislation
• Bill Summaries
  session summaries
• Reports to the General Assembly
  House and Senate documents
• Legislative Liaisons
  State agency contacts

ACROSS SESSIONS

• Subject Index: Since 1995
• Bills & Resolutions: Since 1994
• Summaries: Since 1994

Developed and maintained by the Division of Legislative Automated Systems.

2005 SESSION

• history | hilite | pdf | print version

054261348
HOUSE BILL NO. 1617 Offered January 12, 2005 Prefiled December 16, 2004 A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 8.01 a section numbered 8.01-44.7, relating to product liability; open and obvious dangers; establishing the Virginia Litigation Reduction and Consumer Personal Responsibility Act of 2005. ---------- Patrons-- Janis, Athey, Bell, Dudley, Lingamfelter and Wright ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Article 3 of Chapter 3 of Title 8.01 a section numbered 8.01-44.7 as follows:

§ 8.01-44.7.  Product liability; products containing open and obvious dangers.

A.  A product liability action may not be brought in any federal or state court under Virginia law against any manufacturer or seller of a qualified food product where the claim arises from an injury, potential injury or death resulting from a person's consumption of a food product and weight gain, obesity or any health condition that is associated with a person's weight gain or obesity.

B.  In a product liability action, a manufacturer or seller shall not be liable under Virginia law where the claim arises from an injury to or the death of a voluntary user of the product that is directly caused by an open and obvious danger of the product.

C.  For purposes of this section:

(1)  A "qualified food product" means a food as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)); and

(2)  Products with an "open and obvious danger" shall include (i) tobacco products, or (ii) firearms.

D.  Nothing in this section shall prevent (i) a cause of action in which a manufacturer or seller of a qualified product knowingly and willfully violated federal or state law applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of the product, and the violation was a proximate cause of injury, potential injury or death resulting from a person's consumption of a food product and weight gain, obesity or any health condition that is associated with a person's weight gain or obesity; or (ii) an action for breach of express contract or express warranty in connection with the purchase of a qualified product.

E.  The provisions of this section may be cited as the Virginia Litigation Reduction and Consumer Personal Responsibility Act of 2005.