text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Common Sense Product Liability 
  Reform Act of 1995''.
  
  SEC. 2. FEDERAL CAUSE OF ACTION PRECLUDED.
  
      This Act does not provide the district courts of the United States 
  with jurisdiction over product liability actions based on section 1331 
  or 1337 of title 28, United States Code.
  
  SEC. 3. APPLICABILITY AND PREEMPTION.
  
      (a) Preemption.--This Act governs any product liability action 
  brought in any State or Federal court against a manufacturer or product 
  seller, on any theory for harm caused by a product. A product liability 
  action brought against a manufacturer or product seller for commercial 
  loss shall be governed only by applicable commercial or contract law.
      (b) Relationship to State Law.--This Act supersedes State law only 
  to the extent that State law applies to an issue covered by this Act. 
  Any issue that is not governed by this Act shall be governed by 
  otherwise applicable State or Federal law.
      (c) Applicability.--Nothing in this Act shall be construed to--
              (1) waive or affect any defense of sovereign immunity 
          asserted by any State under any law;
              (2) supersede any Federal law, except the Federal Employers 
          Compensation Act and the Longshore and Harbor Workers' 
          Compensation Act;
              (3) waive or affect any defense of sovereign immunity 
          asserted by the United States;
              (4) affect the applicability of any provision of chapter 97 
          of title 28, United States Code;
              (5) preempt State choice-of-law rules with respect to 
          claims brought by a foreign nation or a citizen of a foreign 
          nation;
              (6) affect the right of any court to transfer venue or to 
          apply the law of a foreign nation or to dismiss a claim of a 
          foreign nation or of a citizen of a foreign nation on the 
          ground of inconvenient forum; or
              (7) supersede any Federal law that prescribes a specific 
          regimen for punitive damages.
  
  SEC. 4. LIABILITY RULES APPLICABLE TO PRODUCT SELLERS.
  
      (a) General Rule.--Except as provided in subsection (b), in any 
  product liability action, a product seller other than a manufacturer 
  shall be liable to a claimant only if the claimant establishes that--
              (1)(A) the product which allegedly caused the harm 
          complained of was sold by the product seller; (B) the product 
          seller failed to exercise reasonable care with respect to the 
          product; and (C) such failure to exercise reasonable care was a 
          proximate cause of the claimant's harm; or
              (2)(A) the product seller made an express warranty 
          applicable to the product which allegedly caused the harm 
          complained of, independent of any express warranty made by a 
          manufacturer as to the same product; (B) the product failed to 
          conform to the warranty; and (C) the failure of the product to 
          conform to the warranty caused the claimant's harm; or
              (3) the product seller engaged in intentional wrongdoing as 
          determined under applicable State law and such intentional 
          wrongdoing was a proximate cause of the harm complained of by 
          the claimant.
  For purposes of subparagraph (1)(B), a product seller shall not be 
  considered to have failed to exercise reasonable care with respect to 
  the product based upon an alleged failure to inspect a product where 
  there was no reasonable opportunity to inspect the product in a manner 
  which would, in the exercise of reasonable care, have revealed the 
  aspect of the product which allegedly caused the claimant's harm.
      (b) Exception.--In a product liability action, a product seller 
  shall be liable for harm to the claimant caused by such product as if 
  the product seller were the manufacturer of such product if--
              (1) the manufacturer is not subject to service of process 
          under the laws of any State in which the action might have been 
          brought; or
              (2) the court determines that the claimant would be unable 
          to enforce a judgment against the manufacturer.
  
  SEC. 5. DEFENSE BASED ON CLAIMANT'S USE OF INTOXICATING ALCOHOL OR 
                DRUGS.
  
      (a) General Rule.--In any product liability action, it shall be a 
  complete defense to such action if--
              (1) the claimant was intoxicated or was under the influence 
          of intoxicating alcohol or any drug; and
              (2) the claimant, as a result of the influence of the 
          alcohol or drug, was more than 50 percent responsible for the 
          accident or event which resulted in such claimant's harm.
      (b) Construction.--For purposes of this section--
              (1) the determination of whether a person was intoxicated 
          or was under the influence of intoxicating alcohol or any drug 
          shall be made pursuant to applicable State law; and
              (2) the term ``drug'' means any controlled substance as 
          defined in the Controlled Substances Act (21 U.S.C. 802(6)) 
          that has been taken by the claimant other than in accordance 
          with the terms of a lawfully issued prescription.
  
  SEC. 6. SEVERAL LIABILITY FOR NONECONOMIC LOSS.
  
      In any product liability action, the liability of each defendant 
  for noneconomic loss shall be several only and shall not be joint. Each 
  defendant shall be liable only for the amount of noneconomic loss 
  attributable to such defendant in direct proportion to such defendant's 
  proportionate share of fault or responsibility for the claimant's harm, 
  as determined by the trier of fact.
  
  SEC. 7. STATUTE OF REPOSE.
  
      A product liability action shall be barred unless the complaint is 
  served and filed within 15 years after the time of delivery of the 
  product. For the purposes of this section, the term ``time of 
  delivery'' means the time when a product is delivered to its first 
  purchaser or lessee who was not involved in the business of 
  manufacturing or selling such product or using it as a component part 
  of another product to be sold. This section applies only if the harm 
  caused by a product did not include chronic illness and only to claims 
  arising after the date of enactment of this Act. This section does not 
  affect the provisions of the General Aviation Revitalization Act of 
  1994.
  
  SEC. 8. PUNITIVE DAMAGES.
  
      (a) General Rule.--Punitive damages may, to the extent permitted by 
  applicable State law, be awarded in any product liability action in any 
  Federal or State court against a defendant if the claimant establishes 
  by clear and convincing evidence that the harm suffered was result of 
  conduct specifically intended to cause harm or conduct manifesting a 
  conscious, flagrant indifference to the safety of those persons who 
  might be harmed by the product for which the action was brought.
      (b) Proportional Awards.--The amount of punitive damages that may 
  be awarded for a claim in any product liability action subject to this 
  Act shall not exceed 3 times the amount of damages awarded to the 
  claimant for the economic loss on which such claim is based, or 
  $250,000, whichever is greater. This provision shall be applied by the 
  court and shall not be disclosed to the jury.
      (c) Applicability and Preemption.--Except as provided in section 2, 
  this section shall apply to any product liability action brought in any 
  Federal or State court on any theory where punitive damages are sought. 
  This section does not create a cause of action for punitive damages in 
  any jurisdiction that does not authorize such actions.
      (d) Bifurcation at Either Party's Request.--At the request of 
  either party, the trier of fact shall consider in a separate proceeding 
  whether punitive damages are to be awarded and the amount of such 
  award. If a separate proceeding is requested, evidence relevant only to 
  the claim of punitive damages, as determined by applicable State law, 
  shall be inadmissible in any proceeding to determine whether 
  compensatory damages are to be awarded.
  
  SEC. 9. DEFINITIONS.
  
      As used in this Act:
              (1) The term ``claimant'' means any person who brings a 
          product liability action and any person on whose behalf such an 
          action is brought. If such an action is brought through or on 
          behalf of an estate, the term includes the claimant's decedent. 
          If such action is brought through or on behalf of a minor or 
          incompetent, the term includes the claimant's legal guardian.
              (2) The term ``clear and convincing evidence'' means that 
          measure or degree of proof that will produce in the mind of the 
          trier of fact a firm belief or conviction as to the truth of 
          the allegations sought to be established. The level of proof 
          required to satisfy such standard is more than that required 
          under preponderance of the evidence, but less than that 
          required for proof beyond a reasonable doubt.
              (3) The term ``commercial loss'' means any loss incurred in 
          the course of the ongoing business enterprise consisting of 
          providing goods or services for compensation.
              (4) The term ``economic loss'' means any pecuniary loss 
          resulting from harm (including the loss of earnings, medical 
          expense loss, replacement services loss, loss due to death, 
          burial costs, and loss of business or employment opportunities) 
          to the extent recovery for such loss is allowed under 
          applicable State law.
              (5) The term ``harm'' means any physical injury, illness, 
          disease, or death caused by a product. The term does not 
          include commercial loss or loss or damage to a product itself.
              (6) The term ``manufacturer'' means--
                      (A) any person who is engaged in a business to 
                  produce, create, make, or construct any product (or 
                  component part of a product) and who (i) designs or 
                  formulates the product (or component part of the 
                  product), (ii) has engaged another person to design or 
                  formulate the product (or component part of the 
                  product), or (iii) uses the design or formulation of 
                  the product developed by another person;
                      (B) a product seller, but only with respect to 
                  those aspects of a product (or component part of a 
                  product) which are created or affected when, before 
                  placing the product in the stream of commerce, the 
                  product seller produces, creates, makes, or constructs 
                  and designs or formulates, or has engaged another 
                  person to design or formulate, an aspect of a product 
                  (or component part of a product) made by another; or
                      (C) any product seller not described in 
                  subparagraph (B) which holds itself out as a 
                  manufacturer to the user of the product.
              (7) The term ``nominal damages'' means damages not more 
          than $500.
              (8) The term ``noneconomic loss'' means subjective, 
          nonmonetary loss resulting from harm, including pain, 
          suffering, inconvenience, mental suffering, emotional distress, 
          loss of society and companionship, loss of consortium, injury 
          to reputation, and humiliation.
              (9) The term ``person'' means any individual, corporation, 
          company, association, firm, partnership, society, joint stock 
          company, or any other entity (including any governmental 
          entity).
              (10)(A) The term ``product'' means any object, substance, 
          mixture, or raw material in a gaseous, liquid, or solid state--
                      (i) which is capable of delivery itself or as an 
                  assembled whole, in a mixed or combined state, or as a 
                  component part or ingredient;
                      (ii) which is produced for introduction into trade 
                  or commerce;
                      (iii) which has intrinsic economic value; and
                      (iv) which is intended for sale or lease to persons 
                  for commercial or personal use.
                      (B) The term does not include--
                              (i) human tissue, human organs, human 
                          blood, and human blood products; or
                              (ii) electricity, water delivered by a 
                          utility, natural gas, or steam.
              (11) The term ``product liability action'' means a civil 
          action brought on any theory for harm caused by a product.
              (12) The term ``product seller'' means a person who, in the 
          course of a business conducted for that purpose, sells, 
          distributes, leases, prepares, blends, packages, labels, or 
          otherwise is involved in placing a product in the stream of 
          commerce, or who installs, repairs, or maintains the harm-
          causing aspect of a product. The term does not include--
                      (A) a seller or lessor of real property;
                      (B) a provider of professional services in any case 
                  in which the sale or use of a product is incidental to 
                  the transaction and the essence of the transaction is 
                  the furnishing of judgment, skill, or services; or
                      (C) any person who--
                              (i) acts in only a financial capacity with 
                          respect to the sale of a product; or
                              (ii) leases a product under a lease 
                          arrangement in which the selection, possession, 
                          maintenance, and operation of the product are 
                          controlled by a person other than the lessor.
              (13) The term ``punitive damages'' means damages awarded 
          against any person or entity to punish or deter such person or 
          entity, or others, from engaging in similar behavior in the 
          future.
              (14) The term ``State'' means any State of the United 
          States, the District of Columbia, Puerto Rico, the Northern 
          Mariana Island, the Virgin Islands, Guam, American Samoa, and 
          any other territory or possession of the United States, or any 
          political subdivision of any of the foregoing.
  
  SEC. 10. EFFECTIVE DATE.
  
      This Act shall apply with respect to product liability actions 
  which are commenced after the date of the enactment of this Act.
target: Common Sense Product Liability Reform Act of 1995 - Declares that this Act:  (1) does not provide U.S. district courts with jurisdiction over product liability actions based on specified provisions of the Federal judicial code; (2) governs any product liability action brought in any State or Federal court against a manufacturer or product seller, on any theory for harm caused by a product, except product liability actions brought against a manufacturer or product seller for commercial losses which shall be governed only by applicable commercial or contract law; and (3) supersedes State law only to the extent that such law applies to an issue covered by this Act. 
  (Sec. 4) Makes a product seller other than a manufacturer liable to a claimant in a product liability action only if the claimant establishes that:  (1) the seller sold the product which allegedly caused the harm, the seller failed to exercise reasonable care with respect to the product, and such failure was a proximate cause of the claimant's harm; (2) the seller made an express warranty applicable to the product independent of any express warranty made by a manufacturer, the product failed to conform to the warranty, and such failure caused the claimant's harm; or (3) the seller engaged in intentional wrongdoing as determined under applicable State law and such intentional wrongdoing was a proximate cause of the harm complained of by the claimant. 
  Specifies that a product seller shall:  (1) not be considered to have failed to exercise reasonable care based upon an alleged failure to inspect a product where there was no reasonable opportunity to inspect the product in a manner which would have revealed the aspect of the product which allegedly caused the claimant's harm; and (2) be liable, in a product liability action, for harm to the claimant caused by such product as if the seller were the manufacturer of such product if the manufacturer is not subject to service of process under the laws of any State in which the action might have been brought, or the court determines that the claimant would be unable to enforce a judgement against the manufacturer. 
  (Sec. 5) Makes it a complete defense to a product liability action that the claimant:  (1) was intoxicated or under the influence of intoxicating alcohol or any drug; and (2) as a result of such influence, was more than 50 percent responsible for the accident or event which resulted in such claimant's harm. 
  (Sec. 6) Specifies that in a product liability action the liability of each defendant for noneconomic loss shall be several only and not joint, and that each defendant shall be liable only for the amount of noneconomic loss attributable to such defendant's proportionate share of fault or responsibility for the claimant's harm, as determined by the trier of fact. 
  (Sec. 7) Bars a product liability action unless the complaint is served and filed within 15 years after the time of delivery of the product, with exceptions. 
  (Sec. 8) Authorizes punitive damages, to the extent permitted by applicable State law, in any product liability action in Federal or State court against a defendant if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct specifically intended to cause harm or conduct manifesting a conscious, flagrant indifference to the safety of those persons who might be harmed by the product for which the action was brought. 
  Sets forth provisions regarding:  (1) proportional awards; (2) applicability and preemption; and (3) bifurcation of proceedings at either party's request.
feat_title: Common Sense Product Liability Reform Act of 1995