I 
115TH CONGRESS 
1ST SESSION H. R. 1118 
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 
FEBRUARY 16, 2017 
Mr. FARENTHOLD (for himself, Mr. DUNCAN of Tennessee, and Mr. SMITH 
of Texas) introduced the following bill; which was referred to the Com-
mittee 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 juris-
diction of the committee concerned 
A BILL 
To prevent undue disruption of interstate commerce by lim-
iting 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Innocent Sellers Fair-
ness Act’’. 
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SEC. 2. FINDINGS. 
Congress finds that— 
(1) an innocent seller should not be held re-
sponsible under the doctrine of product liability for 
damages that the seller did not cause; 
(2) as a result of product liability, sellers are 
often brought into litigation despite the fact that 
they had no control or input in the design, produc-
tion, or any other aspect of an allegedly defective 
product, and may therefore face increased costs due 
to the possibility or result of disproportionate dam-
age awards; 
(3) due to high liability costs and unwarranted 
litigation costs, sellers face higher costs in pur-
chasing insurance through interstate insurance mar-
kets to cover their activities; 
(4) liability reform for sellers will promote the 
free flow of goods and services, lessen burdens on 
interstate commerce, decrease litigiousness, and 
lower prices to consumers; and 
(5) legislation to address these concerns is an 
appropriate exercise of the powers of Congress under 
clauses 3, 9, and 18 of section 8 of article I of the 
Constitution of the United States, and the 14th 
Amendment to the Constitution of the United 
States. 
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SEC. 3. LIMITATION ON LIABILITY OF PRODUCT SELLERS. 
(a) IN GENERAL.—No seller of any product shall be 
liable for personal injury, monetary loss, or damage to 
property arising out of an accident or transaction involv-
ing such product, unless the claimant proves one or more 
of the following activities by the seller: 
(1) The seller was the manufacturer of the 
product. 
(2) The seller participated in the design of the 
product. 
(3) The seller participated in the installation of 
the product. 
(4) The seller altered, modified, or expressly 
warranted the product in a manner not authorized 
by the manufacturer. 
(5) The seller had actual knowledge of the de-
fect in the product as a result of a recall from the 
manufacturer or governmental entity authorized to 
make such recall or actual inspection at the time the 
seller sold the product to the claimant. 
(6) The seller had actual knowledge of the de-
fect in the product at the time the seller supplied the 
product. 
(7) The seller intentionally altered or modified 
a product warranty, warning or instruction from the 
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manufacturer in a way not authorized by the manu-
facturer. 
(8) The seller knowingly made a false represen-
tation about an aspect of the product not authorized 
by the manufacturer. 
(b) LIABILITY
OF SELLER
IN CASES
OF NEG-
LIGENCE.—If the claimant proves one or more of the ac-
tivities described in subsection (a) and such activity was 
negligent, the seller’s liability is limited to the personal 
injury, monetary loss, or damage to property, directly 
caused by such activity. 
(c) DEFINITIONS.—In this Act: 
(1) MANUFACTURER.—The term ‘‘manufac-
turer’’ means a person who is lawfully engaged in 
the business of manufacturing a product in inter-
state or foreign commerce during such person’s reg-
ular course of trade or business. 
(2) PERSON.—The term ‘‘person’’ means any 
individual, corporation, company, association, firm, 
partnership, society, joint stock company, or any 
other entity, including any governmental entity. 
(3) SELLER.—The term ‘‘seller’’ means a per-
son who is lawfully engaged in the business of mar-
keting, distributing, advertising, or selling a product 
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in interstate or foreign commerce during such per-
son’s regular course of trade or business. 
(d) EFFECTIVE DATE.—This Act applies to any civil 
action involving a product that was sold to the claimant 
on or after the date of the enactment of this Act. 
Æ 
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