Statement of Administration Policy: S. 2760 - The Product Liability Reform Act

(Senate)
(Danforth (R) and 5 others)

The Administration supports the enactment of much needed product liability reform legislation this Congress, and supports S. 2760 with amendments to:

— ensure that any liability be predicated on fault. S. 2760 does not contain any provision to ensure that only defendants who have engaged in wrongful activity may be found liable;

— abolish joint and several liability for both economic and noneconomic damages in product liability actions, except in those instances where parties have acted in concert to cause an injury; and

— preempt only those State laws which provide less protection from excessive liability than the limitations imposed by any Federal product liability reform legislation.

The Administration supports the "Product Liability Reform Act of 1986," which was introduced as amendment number 1814 to S. 100 and urges the adoption of its provisions as amendments to S. 2760, in order to remedy the serious problems noted above.

In addition, the Administration has a number of other concerns with various provisions of S. 2760 that it urges the Senate to consider. These concerns are detailed in a Department of Justice report, dated August 15, 1986, to the Senate Committee on the Judiciary.