I 

111TH CONGRESS 

1ST SESSION H. R. 2518 

To prevent undue disruption of interstate commerce by limiting civil actions 

brought against persons whose only role with regard to a product in 

the stream of commerce is as a lawful seller of the product. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2009 

Mr. BOREN (for himself, Mr. JORDAN of Ohio, Mr. LATHAM, Mr. DUNCAN, 

Mr. SOUDER, and Mr. BURTON of Indiana) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prevent undue disruption of interstate commerce by limiting civil actions brought against persons whose only 

role with regard to a product in the stream of commerce 

is as a lawful seller of the product. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Innocent Sellers Fair5 ness Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) it is unfair for a seller to be held respon4 sible under the doctrine of product liability for dam5 ages that the seller did not cause; 

6 (2) as a result of product liability, sellers are 

7 often brought into litigation despite the fact that 

8 their conduct had nothing to do with the accident or 

9 transaction giving rise to the lawsuit, and may 

10 therefore face increased and unjust costs due to the 

11 possibility or result of unfair and disproportionate 

12 damage awards; 

13 (3) due to high liability costs and unwarranted 

14 litigation costs, sellers face higher costs in pur15 chasing insurance through interstate insurance mar16 kets to cover their activities; 

17 (4) liability reform for sellers will promote the 

18 free flow of goods and services, lessen burdens on 

19 interstate commerce, and decrease litigiousness; and 

20 (5) legislation to address these concerns is an 

21 appropriate exercise of the powers of Congress under 

22 clauses 3, 9, and 18 of section 8 of article I of the 

23 Constitution of the United States, and the 14th 

24 amendment to the Constitution of the United States. 


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1 SEC. 3. LIMITATION ON LIABILITY OF PRODUCT SELLERS. 

2 (a) IN GENERAL.—No seller of any product shall be 

3 liable for personal injury, monetary loss, or damage to 

4 property arising out of an accident or transaction involv5 ing such product, unless the claimant proves one or more 

6 of the following non-sale activities by the seller: 

7 (1) The seller was the manufacturer of the 

8 product. 

9 (2) The seller participated in the design of the 

10 product. 

11 (3) The seller participated in the installation of 

12 the product. 

13 (4) The seller altered, modified, or expressly 

14 warranted the product in a manner not authorized 

15 by the manufacturer. 

16 (b) LIABILITY FOR NON-SALE ACTIVITIES.—If the 

17 claimant proves one or more of the non-sale activities de18 scribed in subsection (a) and such non-sale activity was 

19 negligent, the seller’s liability shall be limited to the per20 sonal injury, monetary loss, or damage to property directly 

21 caused by such non-sale activity. 

22 (c) DEFINITIONS.—In this Act: 

23 (1) MANUFACTURER.—The term ‘‘manufac24 turer’’ means a person who is lawfully engaged in 

25 the business of manufacturing a product in interVerDate Nov 24 2008 16:31 May 24, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2518.IH H2518

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1 state or foreign commerce during such person’s reg2 ular course of trade or business. 

3 (2) PERSON.—The term ‘‘person’’ means any 

4 individual, corporation, company, association, firm, 

5 partnership, society, joint stock company, or any 

6 other entity, including any governmental entity. 

7 (3) SELLER.—The term ‘‘seller’’ means a per8 son who is lawfully engaged in the business of mar9 keting, distributing, advertising, or selling a product 

10 in interstate or foreign commerce during such per11 son’s regular course of trade or business. 

12 (d) EFFECTIVE DATE.—This Act shall apply to any 

13 civil action involving a product that was sold to the claim14 ant on or after the date of the enactment of this Act. 

Æ 


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