SENATE AMENDMENT

    Bill No. CS for SB 374

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Gutman moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 25, between lines 28 and 29,

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16  insert:

17         Section 14.  Sealed package defense.--

18         (1)  A product liability action may not be commenced or

19  maintained against any seller when the product is acquired and

20  sold by the seller in a sealed container or when the product

21  is acquired and sold by the seller under circumstances in

22  which the seller is not afforded a reasonable opportunity to

23  inspect the product in such a manner that would or should, in

24  the exercise of reasonable care, reveal the existence of the

25  defective condition.

26         (2)  A product liability action, when based on the

27  doctrine of strict liability in tort, may not be commenced or

28  maintained against any seller of a product that is alleged to

29  contain or possess a defective condition unreasonably

30  dangerous to the buyer, user, or consumer, unless the seller

31  is also the manufacturer of the product or the manufacturer of

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    2:55 PM   03/05/99                              s0374c1c-34j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 374

    Amendment No.    





 1  the part thereof claimed to be defective.

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 3  (Redesignate subsequent sections.)

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 6  ================ T I T L E   A M E N D M E N T ===============

 7  And the title is amended as follows:

 8         On page 3, line 18, after the semicolon,

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10  insert:

11         prohibiting product liability actions against a

12         seller of a product in a sealed container under

13         certain circumstances; prohibiting product

14         liability actions based on strict liability

15         against a seller unless the seller is also the

16         manufacturer of the defective product or part;

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