Congressman Farenthold Introduces Innocent Sellers Fairness Act
Bill protects sellers who had no input or control in the design or production of defective products
Congressman Blake Farenthold (R-Texas) released the following statement today after reintroducing the Innocent Sellers Fairness Act. The legislation protects sellers who do not design, manufacture or alter products that later are determined to be defective.
“If a retailer of a product didn’t make it, change it, lie about it, or install it, they should not have to face a products liability lawsuit,” Congressman Farenthold said.
The Innocent Sellers Fairness Act states that a seller should not be held responsible for product liability for damages the seller did not cause. Sellers are often brought into litigation despite having no control or input in the design, production or any other facet of an allegedly defective item, and may therefore face increased costs.
The bill states that:
- No seller of any product shall be liable for personal injury, monetary loss or damage to property arising out of an accident or transaction involving such product, unless the claimant proves one or more of the following activities by the seller:
o The seller was the manufacturer of the product;
o The seller participated in the design of the product;
o The seller participated in the installation of the product.
o The seller altered, modified, or expressly warranted the product in a manner not authorized by the manufacturer;
o The seller had actual knowledge of the defect 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;
o The seller had actual knowledge of the defect in the product at the time the seller supplied the product;
o The seller intentionally altered or modified a product warranty, warning or instruction from the manufacturer in a way not authorized by the manufacturer;
o The seller knowingly made a false representation about an aspect of the product not authorized by the manufacturer.